^ 
J^^ 

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IMAGE  EVALUATION 
TEST  TARGET  (MT-S) 


^'^^ 


1.0 


1.1 


m  m 


25 
2.2 


IL25  III  1.4 


MISHIT 

1.6 


6" 


HiotDgraphic 

Sciences 

Corporalion 


23  WIST  MAIN  STRUT 

Mk^tfiT^tT  N.Y.  UStO 
(716)  t72-4S03 


CIHM/ICMH 

Microfiche 

Series. 


CIHM/ICIVIH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microreproductions  /  Institut  Canadian  de  microreproductions  historiques 


Technical  and  Bibliographic  Notes/Notes  techniques  et  bibliographiques 


The  Institute  has  attempted  to  obtain  the  best 
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which  may  alter  any  of  the  images  in  the 
reproduction,  or  which  may  significantly  change 
the  usual  method  of  filming ,  ere  checked  below. 


D 


D 
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Coloured  covers/ 
Couverture  de  couleur 


I      I    Covers  damaged/ 


Couverture  endommag6e 

Covers  restored  and/or  laminated/ 
Couverture  restaur^e  et/ou  pellicui6e 

Cover  title  missing/ 

Le  titre  de  couverture  manque 

Coloured  maps/ 

Cartes  giographiques  en  couleur 

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Encre  de  couleur  (i.e.  autre  que  bieue  ou  noire) 


I      I    Coloured  plates  and/or  illustrations/ 


Planches  et/ou  illustrations  en  couleur 

Bound  with  other  material/ 
ReiiA  avec  d'autres  documents 

Tight  binding  may  cause  shadows  or  distortion 
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Blank  leaves  added  during  restoration  may 
appear  within  the  text.  Whenever  possible,  these 
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ii  se  peut  que  certaines  pages  blanches  ajouties 
iors  d'une  restauration  apparaissent  dans  le  texte, 
mais.  iorsque  ceia  6tait  possible,  ces  pages  n'ont 
pas  6t6  fiimies. 

Additional  comments:/ 
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point  de  vue  bibliographique,  qui  peuvent  modifier 
une  image  reproduite,  ou  qui  peuvent  exiger  une 
modification  dans  la  methods  normale  de  filmage 
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Includes  supplementary  material/ 
Comprend  du  materiel  suppi^mentaire 

Only  edition  available/ 
Seule  Edition  disponible 


T 


T 

P 
o 
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G 
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si 
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Pages  wholly  or  partially  obscured  by  errata 
slips,  tissues,  etc.,  have  been  refilmed  to 
ensure  the  best  possible  image/ 
Les  pages  totaiement  ou  partieliement 
obscurcies  par  un  feuiilet  d'errata,  une  peiure. 
etc.,  ont  M  filmies  i  nouveau  de  fa^on  d 
obtenir  la  mellieure  image  possible. 


This  item  is  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  est  filmA  au  taux  de  reduction  indiquA  ci-dessous. 

10X  14X  18X  22X 


26X 


30X 


12X 


16X 


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32X 


TIm  copy  filmsd  h«r«  has  b««n  raproducad  thank* 
to  th9  ganarosity  of: 

Library  Division 

Provincial  Archives  of  British  Columbia 


L'axamplaira  film*  fut  raproduit  grica  A  la 
OAnAroaitA  da: 

Library  Division 

Provincial  Archives  of  British  Columbia 


Tha  imagaa  appaaring  hara  ara  tha  bast  quality 
possibia  considaring  tha  condition  and  lagibiiity 
of  tha  original  copy  and  in  kaaping  with  tha 
filming  contract  spacificationa. 


Original  copias  in  printad  papar  covart  ara  filmad 
baginning  with  tha  front  covar  and  anding  on 
tha  last  paga  with  a  printad  or  illustratad  impras- 
sion,  or  tha  back  covar  whan  appropriata.  All 
othar  original  copias  ara  filmad  baginning  on  tha 
first  paga  with  a  printad  or  illustratad  impras- 
sion.  and  anding  on  tha  last  paga  with  a  printad 
or  illustratad  imprassion. 


Tha  last  racordad  frama  on  aach  microficha 
shall  contain  tha  symbol  ^»>  (moaning  "CON- 
TINUED"), or  tha  symbol  ▼  (moaning  "END"), 
whichavar  applias. 

Maps,  plates,  charts,  etc..  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  OKposure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


Lea  images  suivantas  ont  «tA  raproduites  avac  la 
plus  grand  soin.  compta  tenu  de  la  condition  at 
de  la  nattetA  de  rexemplaire  film*,  et  en 
conformit*  avac  las  conditions  du  contrat  de 
filmaga. 

Les  exemplairas  originaux  dont  la  couvarture  en 
papier  est  imprimis  sont  film*s  en  commen^ant 
par  la  premier  plat  et  en  terminant  soit  par  la 
darniAre  paga  qui  comporta  una  ampreinte 
d'impression  ou  d'illustration.  s.^it  par  la  second 
plat,  salon  le  cas.  Tous  las  autras  exemplairas 
originaux  sont  film*s  an  commen^ant  par  la 
pramiire  paga  qui  comporta  una  empreinte 
d'impression  ou  d'illustration  at  en  terminant  par 
la  darnlAre  page  qui  comporte  une  telle 
empreinte. 

Un  des  symboles  suivants  apparaitra  sur  la 
darniire  image  de  cheque  microfiche,  selon  le 
cas:  le  symbole  -^  signifie  "A  SUIVRE".  Is 
symbols  V  signifie  "FIN". 

Les  cartes,  planches,  tableaux,  etc..  peuvent  *tre 
filmte  A  des  taux  de  reduction  diff*rents. 
Lorsque  le  document  est  trop  grand  pour  *tre 
reproduit  en  un  seul  clich*.  il  est  film*  *  partir 
de  I'angle  sup*rieur  gauche,  de  gauche  *  droite. 
et  de  haut  en  bas.  en  prenant  le  nombre 
d'images  n*cessaire.  Les  diagrammes  suivants 
illustrant  la  m*thode. 


1 

2 

3 

1 

2 

3 

4 

5 

6 

TrVp 


T 


^oxt/uvest 
^UectCoiv 


T 


SPEECH 


OF 


HON.  S.  BREESE,  OF  ILLINOIS, 


ON 


THE  OREGON  QUESTION. 


DELIVERED 


IN  THE  SENATE  OP  THE  UNITED  STATES,  MONDAY,  MARCH  2,  1846. 


WASHINGTON: 

PRINTED  AT  THE  OFFICE  OF  BLAIR  AND  RIVES. 
1846. 


Il 


Mr. 


* 


THE  OREGON  QUESTION. 


riic  Senate  procfccderl  to  the  coiisidcnition  of  the 
Special  Order,  being  the  joint  resolution  of  the 
Committee  on  Foreis^n  Relations,  proposing  to 
give  notice  to  Great  Britain  of  the  desire  of  tlic 
Government  of  the  United  States  to  annul  and 
abrogate  the  treaty  for  the  joint  occupancy  of 
the  Oregon  territory,  and  the  resolutions  of 
Messrs.  Han'vkgav,  Cai.hocm,  and  Crittev- 
i>KV,  relating  to  the  same  subject. 

Mr.  BREESE,  of  Illinois,  addrcs.sed  the  Senate 
IS  follows: 

Mr.  PnEsiDENT:  It  is  not  to  be  expected  that 
any  Senator  rising  in  the  present  stage  of  this 
debate,  can  throw  much  additional  light  on  the 
important  question  before  us.  It  has  betn  so 
f'lauoratcly  disctisscd,  not  only  in  these  Halls,  but 
by  the  public  press  throughout  the  country,  tliat 
it  is  now  scarcely  possible  to  invest  it  with  a 
new  interest,  or  urge  topics  with  which  the  Senate 
and  the  country  are  not  already  familiar.  It  had 
excited,  and  justly  too,  throughout  every  part  of 
our  widely-extended  Union,  the  most  earnest  at- 
tention of  the  whole  American  people.  Probablj  , 
no  question  since  we  had  become  a  nation,  had 
u-ouscd  so  strong  an  interest  as  this  has,  and  none, 
probably,  has  been  more  ably  debated.  Tiic  na- 
tion awaits  with  intense  anxiety  the  decision  of 
(.'ongrcss,  and  the  eyes  of  nil  are  now  turned  to  the 
action  of  the  Senate.  The  Executive  has  done  what 
Itelonged  to  him  in  the  matter;  and  the  House  of 
)lepresentatives  has  perl'ormed  its  duty.  It  now 
only  remains  for  the  Senate  to  perform  its  duty,  by 
-■onsummating  the  action  of  both. 

It  is,  Mr.  President,  in  view  of  the  great  interest 
ilie  State  from  which  I  come  has  in  this  question, 
•uid  in  obedience  to  an  overruling  sense  of  duty 
10  it,  that  I  am  now  prompted  to  address  the  Sin- 
nfe.  1  did  not  know,  sir,  until  this  morning,  tliat 
the  General  Assembly  of  my  State  had,  at  its  lost 
session,  adopted  the  resolutions  just  presented  !iy 
n»y  colleague,  [Mr.  Sempi.f,,]  and  re;id  by  the  Sec- 
retary,    I   waa  aware,  fjir,  that  two  years  si:;  •"- 


similar  resolutions  liad  been  adopted  and  present- 
ed here;  and  two  years  since,  it  was  my  duty  and 

■  my  pleasure,  here  in  my  i)lace,  to  respond  to  them, 
and  to  express  the  views  I  then  entertained  of  the 
subject,  and  of  the  obligations  resting  upon  Con- 
gress to  cany  out  the  wishes  of  that  State,  and 
those  of  other  States  who  had  conveyed  here,  simi- 
lar expressions  of  the  public  will.  These  resolu- 
tions, sir,  read  here  at  this  moment,  but  strengthen 
me  in  the  determination  I  had  formed  to  vote  for 
some  resolution  to  annul  and  abrogate  the  conven- 

I  tions  of  1H18  and  \&21,  and  to  follow  it  up,  by 
pressing  such  other  measures  as  should  jtlace  our 
citizens  beyond  the  Roiky  mountains  under  the 
pr<)tecliouof  ourlav.s;  incorporate  tlie  country  into 
our  Union;  protect  tlie  emigrant  on  his  way  to  its 
fertile  plains,  and  plcdii^e  to  all  who  seek  them,  the 
honor  and  faith  of  the  (lovernment  that  they  shall 
be  made  secure  in  tlieir  possessions  by  perfect 
grants  of  land,  at  the  earliest  period  within  the 
competency  of  the  Government  to  act,  consistent 
with  treaty  stipulations.  And  I  cannot  but  hope 
that  my  conduct  iw  these  regards  will  be  apfiroved 
by  the  State  of  Illinois,  whose  will  and  llelings 
and  opinions  I  take  pleasure  in  retlecting. 

In  that  State,  sir,  there  is  but  o>ic  opinion;  nay, 
sir,  in  the  entire  jNorihwest,  so  fu-as  I  am  inform- 
ed, (and  I  have  paid  much  attention  to  the  manifes- 
tations of  the  public  niiud,)  tlicre  is  no  difference 
of  opinion  upon  it.  I  do  not  think,  sir,  that  any 
party,  or  any  respci-table  portion  of  any  party,  is 
ojiposed  to  prompt  and  immeiliate  action  by  Con- 
gress, to  terminate,  what  all  feel  ami  believe  to  be  an 
inconvenient  and  injudicious  relation  between  this 
a  id  a  foreign  couuiry,  alTecting,  as  it  docs,  so  dis- 
astrously, many  important  national  interests.  They 
are  not,'  sir,  tor  "  wise  and  masterly  inactivity;  ' 
whatever  might  have  been  its  virtue  in  times  past, 
they  think  the  time  has  arrived  for  action,  prompt 
and  decided;  and  ia  this,  sir,  I  concur  widi  them 
m')si  heartily;  and  with  the  favor  of  the  Senate,  I 
will  irive  some  reasjns,  briefly  us  I  may,  for  their 
and  i.iy  opiaiwiis. 


i 


iJ  V  vi  V )  ; . 


1  do  not  iiitniul,  Mr.  President,  to  rntor  iipnn  n 
discussion  of  llui  rcLitivi^  mniis  of  tin;  varions 
projiosiiions  now  on  your  ta'.ilc,  liy  wliii'li  tiie 
first  olijcct  is  smii^ht  to  be  lUtaiued.  I  will  not 
contrast  or  compare  tliem,  or  attempt  to  ])oint  out 
tiie  (liilerence  Ixlween  tlienr,  Hiiflice  it  to  s,iy,  tliat 
my  preference  is  for  tiiat  form  wiiirli  sliall  in  tlie 
most  direct nianccr  eilrct  tlie  oiijict  desired.  iS'or 
will  I  discuss  tlie  important  propositions  contain'.'d 
in  the  resolutions  of  the  Senator  of  Indifina,  [Mr. 
Hawiujan,]  or  the  suhstitute  for  them  presented 
by  the  Senator  of  South  (,'arolina,  [Mr.  Cal- 
houn-,] belicvin;,'',  us  I  do,  that  it  is  unnecessary, 
at  this  time,  to  express  an  opinion  ui>on  tliem. 
At  ]iresent,  we  have  only  to  do  with  the  naked 
question  of  the  propriety  of  <:;ivin:^  notice  to  Great 
Britain  of  our  desire  to  annul  and  abrogate  a  con- 
vention, the  benefits  of  which  are  wlioHy  upon 
the  side  of  Great  Britain,  and  which  staiids  in 
the  way  of  the  iVec  and  untranuiielled  action  of 
this  Government  upon  an  intcj^ral  part  of  our  isa- 
tional  (b)main,  to  which  many  tliousands  nf  our 
citizens  have  ))UKhed  their  enterjirise,  but  who  arc 
■without  the  cllicient  prcjtcciion  of  tliis  Gcivernmcnt 
and  its  laws. 

Nor  do  I  intend,  sir,  in  the  view  I  shall  take 
of  this  subject,  to  go  into  an  extended  and  labor- 
ed discussion  of  the  title  of  the  United  States  to 
the  country  west  of  the  Rocky  mountains,  nor 
dilate  upon  its  beauties  and  advantages,  thouy^h  ; 
I  by  no  means  believe  such  a  discussion  is  inaj>- 
propriatc;  nor  would  I  desire  to  restrain  Sena- 
tors, on  either  side,  from  a  full  and  free  expres- 
sion of  their  opinions  upon  the  question  of  title. 
It  is  true,  sir,  the  propriety  of  the  notice  at  thi.s 
lime  is  the  only  question  before  the  Senate;  yet  the 
title  is  necessarily  niinurleil  with  it,  and  forms  an 
important  clement  in  the  debate;  for  if  the  United 
States  have  no  valid  title  to  the  country  covered 
by  the  convention,  it  may  Nvell  be  contended,  a 
notice  to  terminate  it  would  be  impolitic  and  un- 
wise. Two  years  ago,  sir,  when  this  subject  was 
before  the  Senate,  the  title  was  discussed  more  or 
less,  I  think,  liy  every  speaker;  and  what  is 
worthy  of  note,  not  a  Senator  was  then  found  ex- 
pressinjj  a  doubt  of  the  validity  of  the  American 
title.  Now,  af:cr  two  years  of  investio:ation  and 
reflection,  I  do  hear,  sir,  occasionally,  some  doubts 
expressed  of  its  validity.  1  entertain  none  my- 
self;a!id  if  I  did, I  should  solve  them  formy  coun- 
try. Tlien,  sir,  objections  were  urged  against 
giving  the  notice  at  that  time,  for  the  reason  that 
we  liad  invited  a  renewal  of  negotiations,  with  a 
view  to  a  final  adjustment  of  the  controversy,  and 
that  a  special  Envoy,  at  our  instance,  had  been 
sent  here  by  Great  Britain  to  conduct  them  on 
lierpart;  and  that  it  would  be  discourteous  at  such 
n  moment,  and  undci-  such  circumstances,  to  give 
the  notice;  and  it  was  further  said,  that,  at  that 
time  and  in  the  then  aspect  of  afiairs,  v.ar  might 
be  the  consequence  of  our  action.  At  the  present 
session,  we  have  beard,  sir,  from  the  only  Senator 
who  has  spoken  to  the  question  on  the  other  side 
of  the  Chamber,  [Mr.  J.  M.  Ci.Avrox,]  that  the 
notice  would  not  lead  to  v.ar;  but.  on  tliC  coi:ir,ny, 
that  it  would  be  a  preservative  of  peace;  that  it  is 
a  measure  tending  to  peace,  and  importnnt  to  be 
given  as  a  mean.-  of  preserving  that  re!i\tloii  be- 


tween two  great  and  powerful  nations;  at  tiir 
same  time  giving  it  as  his  opinion  that  the  ipies 
ti(Ui  of  lille  .-diould  be  discussed  with  closed  doors — 
thereby  inqilying,  there  might  be  some  ob.icuriiy 
resting  upon  it,  which  it  would  be  i)rudent  not  to 
expose  before  the  world. 

As  I  iiave  stated,  Mr.  President,  I  do  not  pro- 
pose to  go  at  length  into  the  discussion  of  our 
title.  After  tiic  very  able  argiunents  of  the  Scna- 
ti>r;i  of  New  \'ork  [.Mr.  Drx  and  Mr.  Du  kinsun] 
ujion  this  branch  of  the.  subject,  by  whiidi  the  Sen- 
ate and  the  country  were  so  much  edified n few  days 
since,  for  me  to  attcnqit  to  add  to  their  force  and 
point  would  be  "wasteful  and  ridiculous  excess." 
I  shall  not  attempt  il,  sir;  and  I  throw  myself  upon 
the  indiilixcnce  of  the  Senate  merely  for  the  pur- 
pose of  presenting  some  princijiles  of  public  law 
to  which  they  have  not  adverted,  ^v  hich  Great  Brit- 
ain herself  has  established  on  this  continent,  hav- 
ing, as  I  conceive,  a  direct  bearing  upon  her  as- 
sumed claims  to  the  country  west  of  the  llocky 
moiuitains,  and  decisive,  in  my  judgment,  of  the 
case  asainst  her.  I  wish  to  show,  sir,  that  she  is 
estojiped  by  her  own  voluntary  act,  on  her  own 
princi])le3,  t'rom  setting  u])  any  claim  whatever  to 
any  part  of  the  territory  of  Oregon.  Not  an  ctUop- 
pcl  in  law,  sir,  but  an  estoppel  in  pais — an  act  done 
by  her,  which  dciuirs  her,  for  all  tunc  to  come,  from 
any  territorial  right  there,  unless  she  can  extort 
one  from  our  Government,  by  a  cession  of  some 
part  of  the  territory  to  her,  with  or  without  an 
equivalent;  that  without  such  cession,  she  can 
have  no  claim  whatever. 

I  did  not  say,  sir,  as  I  am  reported  in  the  jour- 
nals here  to  have  said,  in  the  few  hasty  remarks  I 
made  to  the  Senate  the  other  day,  that  I  could  de- 
monstrate "that  we  had  a  perfect  title  to  the  whole 
of  Oregon."  I  would  by  no  means  make  such  a 
pledge;  for,  however  strong  my  own  convictions 
maybe,  I  mig-ht  be  unable  so  to  present  them  as  to 
conviiice  others;  hence,  I  would  not  incur  the  re- 
sponsibility which  attaches  to  such  a  declaration. 
What  I  intended  to  say,  sir,  was,  that  I  would  en- 
deavor to  show,  on  the  p-inciplcs  established  by 
Great  Britain  hcnself,  that  our  title  was  clear  as 
against  her,  and  that  she  could  not  dispute  it — 
]n-incii>les  which  she  had  put  forth  and  maintained 
at  the  cannon's  mouth,  before  the  war  of  indepen- 
dence— principles  which,  if  correct  then,  are  applica- 
ble now  to  this  territoiial  dispute,  which,  with  such 
remarkable  fatuity,  we  have  so  long  entertained, 
but  which,  I  trust,  is  now  soon  to  be  terminated. 

It  is  a  matter  of  well-known  history,  Mr.  Pres- 
ident, that  the  King  of  Great  Britain  granted  colo- 
nial charters  to  Virginia,  and  to  other  British- Ameri- 
can colonics,  long  prioB  to  the  conquest  of  Canada, 
which  extended  from  the  Atlantic  to  the  Pacific 
ocean,  and  covered  by  their  broad  and  comprehen- 
sive description  the  whole  of  the  territory  v.cst  of 
the  Ro.'kv  mountains,  from  3'P  to  G2'^  north  lati- 
tude. That  to  Virginia,  liy  James  the  First,  bears 
date  May  23,  IGOi);  it  erects  the  colony  into  a  body 
corporate  and  politic,  and  the  grant  is  thus  ex- 
pressed: 

"  We  do  give,  craiit  and  confirm,  unto  the  said 
'lrea.^i;rcr  and  cunqiany  and  their  successors,  all 
'  those  hnids,  countries,  and  territories,  situate,  ly- 
'  ing  and  bting  in  that  part  of  America  calltd  Vir- 


'ill  iiailons;  at  the 
iiiioii  tliat  tliC  ([iiri*- 
witli  rinsed  doors — 
be  liomv  nliwciiriiy 
d  be  jirudent  not  to 

dent,  I  do  not  prn- 
!  discussion  of  orr 
nu'iits  of  tlie  yriKi- 
iid  Mr.  Du  kinson] 
,  ijy  wiiii:b  thu  yen- 
•ii  edified  a  few  days 

to  tlieir  force  luul 
ridiculous  cxces:-." 

tlirow  myself  ujion 
merely  for  the  pur- 
ijiles  of  public  law 
l,^vIli(■.llGretlt  IJrit- 
tlii.s  continent,  luiv- 
wuvj;  upon  iier  as- 
west  of  the  llocI;y 
ly  judi^ment,  of  the 
low,  sir,  tiiat  she  in 
•y  net,  on  her  own 
/  claim  whatever  to 
^on.  Notancstop- 
Inpais — an  act  done 
I  tunc  to  come,  from 
less  slie  can  extort 
y  a  cession  of  some 
vith  or  without  an 
1  cession,   she   can 

eported  in  the  jour- 
sw  hasty  remarks  I 
ay,  that  1  could  de- 
;ct  title  to  the  whole 
iieans  make  such  a 
ly  own  convictions 
D  present  them  as  to 
Id  not  incur  the  rc- 

such  a  declaration, 
as,  that  I  would  en- 
[ilea  established  by 
r  title  was  clear  as 
dd  not  dispute  it — 
)rth  and  maintained 
the  war  of  indepcn- 
ect  then ,  are  applica- 
:e,  which,  with  such 
;o  long  entertained, 
1  to  be  terminated. 

history,  Mr.  I'res- 
'ritain  jjranted  colo- 
ithcr  British- Ameri- 
lonquesi  of  Canada, 
antic  to  the  Pacific 
lad  and  comprehen- 
he  territory  v.cst  of 
o  to  62'^  iK)rth  lati- 
mcs  the  First,  bears 
!  colony  into  a  body 
5  grant  is  thus  ex- 

nfirm,  unto  the  said 
their  suc('e^>sors,  ail 
•ritories,  situates  ly- 
A.menca  calltd  V^ir- 


'  tiinin,  fr  i;n  the  point  of  land  called  Cape  or  Point 
'  Comfort  all  alon'jr  the  seacoast  to  the  northward 
'two  hundred  miles,  and  from  the  said  piiiit  of 
'  Cape  Comfort  all  aloiiir  the  seacoast  to  the  soulh- 
'  ward  two  hiMulred  n  ilcs,  and  all  that  .space  and 
'  circuit  of  land  lyiuLT  from  the  sracnast  of  the  pre- 
'  ciiict  aforesaid  up  into  the  laiul,  llmnr^hciit  fnun 
'  vrrt  /"  sfr/,  if<,<i/  and  nortlnrt'.il,  aiul  also  nil  the 
'  islands  lyinii  within  one  hiuulred  miles  uloiiii:  the 
'coast  of  l)oth  seas  of  the  precinct  aforesaid:  to 
'  have  and  to  hold,  possess  and  enjoy,  all  and  sin- 
'  :rn!ar  the  sr.id  lands,  countries  and  territories, 
'  wilh  all  and  siiii!;ular  the  prcniises  Ijy  these  pres- 
'  cnis  '/ranted  or  mentioned  to  be  u-ranied  to  them, 
'  their  Miccessors  and  assi^riis,  forever." 

The  fns;t  charier  of  KiiXi  extended  alon<;:  the  sea- 
cnasi  from  the.'Mih  to  the  41si(le;2:ree  of  north  l;it- 
iti.df,  but  only  fifty  miles  inland.  The  third,  da- 
ted ill  Ifil^,  annexed  to  VirLMuia  all  the  islands 
within  three  hundred  Icairiies  of  the  coast;  and  al- 
though tiiis  charter  of  KiOi),  with  the  other  two, 
were  vacated  by  ijuo  rvairantu  in  1G24,  yet  a  com- 
missioii  issued  for  the  Government  of  the  Colony 
of  Viririilia  under  the  royal  seal,  without  makiiip^ 
any  alterations  in  the  boundaries  us  eslublishcd  by 
the  charter  of  IfiUt). 

Grants  to  Lord  Daltimorc  and  to  William  Penn 
curtailed  thi.s  colony  on  the  north,  but  llie  western 
limit  Vvas  not  restricted. 

Hy  ninninir  a  line  from  a  point  "  two  hundred 
miles  from  Cape  Comfort"  on  the  Atlantic  coast, 
in  a  nonhwest  direction,  it  will  be  found  to  pass  to 
the  east  of  the  Lake  of  the  Woods,  and  to  strike 
,  'I'.e  Pacific  coast  near  or  at  the  Cdd  dei^ree  of  north 
liLiiludf;,  and  that  this  northwest  line  should  run 
I'rom  that  point,  and  not  from  the  point  on  the 
coast  two  hundred  nii'es  south  of  Cape  Comfort; 
t)Ut  tJKit  the  west  line  should  start  from  this  south- 
ern point,  is  of  manifest  ])ropriety,  for  in  no  other 
way  could  the  limits  of  the  colony  extend  "from 
sea  to  sea,"  and  by  so  marking;  it,  no  violence  is 
I  lone  to  the  lanu:uage  used,  and  the  object  of  the 
'jraiit  carried  out,  and  the  cardinal  rule  observed, 
"  so  to  construe  instruments,  if  j)ossible,  tliat  every 
part  may  stand. " 

This  irraiit  was  made,  sir,  I)y  the  British  Khiir 
as  an  art  of  sovereii^nty  and  in  virtue  alone  of  the 
discovery,  under  his  auspices,  of  the  American 
Atlantic  coast  one  hundred  and  fourteen  years  be- 
fore. This  charter  is  evidence,  sir,  tliat  he  claini- 
t  d  not  only  the  rij:ht  of  jircJ-mption  of  the  native 
occupants  of  the  soil,  but  absolute  jurisdiction  and 
sovereiiriuy  overall  the  territory  coverid  by  it  t'rom 
sva  to  sea,  by  an  aiitifpuiled  discovery  made  l;y  his 
suijccts,  not  fVdlowed  up  for  more  ih;ui  a  cenmry 
hy  any  cii'ort  at  seitlement  wiiatcvf  r,  and  by  conti- 
nuity of  territory,  there  beiiiir  nothing  to  break  that 
chain. 

Tlistnry  informs  us,  sir,  that  Pope  Alexander 
VI.  had,  the  year  sifter  the  discovery  of  America, 
:rr<i!iUil  ihe  same  country  to  Ferdinand  tuid  isa- 
(•ella  i^y  Ills  menvtrabie  bull  issued  from  St.  Peters, 
lit  l!ome,  in  ]4;I3,  as  God's  vicegcn nt  on  earih, 
lo  wlioiii  a'l  kiiiLTs  were  suiji  lU,  riuher,  perhaps, 
as  v.ithia  the  binindaries  yu'escribed  by  liim  be- 
tween Spain  and  Portugal  than  as  a  cnU't-  The 
riirlit  of  these  two  potrntatep  to  make  the  grants, 
■  ir,  will  not  be  inquirLd  irto,  as  it  is  uiuiccssary  to 


n  true  uiider.vlnndii;?  of  the  point  I  wish  to  nmke. 
"I'he  fact  of  lu.ikini:  the  -/rant  is  alone  iinpo,tant  in 
this  discussion.  If  CJrca!  I'liiain  did  make  them, 
I  maintain  she  parted  wit!i  all  ri::ht  to  every  part 
of  the  domain  inchuied  within  the  charter,  and  tiie 
act  is  an  estoppel  in  pals,  as  to  niiv  ri'jrht  on  her  part 
to  any  portion  of  this  coiiiineiit  between  the  lines 
of  her  '.rranis. 

(ircat  Britain,  then,  ns:''imed  to  own.  by  virtue 
of  heriirior  diM-overy.  not  only  ilu'  British  settle- 
ments on  the  const  and  rivers,  and  the  land  immc 
diatcly  conti:ruous,  or  drained  by  the  waters  of  the 
rivers' which  flowed  ihroiii,'!)  her  inliabited  places, 
liut  she  insisted,  sir,  njion  ex(dudiir,'  France  and 
all  other  nations  from  colonizing  any  part  of  the 
country  west  of  the  Allirli.iny  lani^r  to  the  I'a- 
cific,  on  the  irround  alone  that  prior  discov<M'y  and 
settlement,  afVr  the  lapse  of  more  than  a  century, 
of  a  small  part  of  the  Atlantie  coast,  gave  to  tJrcat 
Britain  a  nulit  of  sovereignty  and  s:)il,  by  continu- 
ity and  contiiruity,  from  ocean  to  ocean. 

France,  we  know,  sir,  made  an  unsiicressful 
ciVort  to  resist,  by  war,  this  British  princi|ilo  of 
international  law.'  'I'lie  parent  country  called  upon 

.  her  American  coloni<'s,  now  the  Uniird   Stales  of 

.  America,  to  join  the  Ih-itish  forces  and  sustain  this 
srreat  princijile  of  her  national  policy;  and  after  a 
long  and  desolatin;;  war,  in  which  British  and 
American  blood  and  treasure  were  freely  expend- 
ed, victory  crowned  the  arms  of  the.  cnnfcderafes. 
The  treaty  of  ]>eace  of  the  lOth  of  JMbruary, 
ITt)'),  made  lietween  (vreat  Britain,  Spain,  and 
l-'rance,  ratified  this  Ijriiish  principle  of  inierna- 
tional  law,  by  imiilicatitm  at  least.  J>y  the  4th 
article  of  that  treaty,  sir,  the  King  of  France,  as 
the  a;;;:ressor,  and  as  nnforti!iiate  in  the  field,  "  re- 
'  nounces  (///  /nr/i  ii.sicii.s  irhirh  ht  lias  licrdnforc  form- 
'  ed,  Of  iiiiirhtform,  tn,\'oV(i  Scotia  or  Jradiu,  in  all  its 
'  pmis,  and  giiaraniies  the  whole  of  it,  and  with  its 
'  dependencies,  to  the  King  of  Great  Brit;iiii:  morc- 
'  over,  his  most  Christian  Majesty  ctdi'i  and  ii;uur- 
'  anlits  to  his  said  Britannic  Majesty,  in  full  ri<^lit, 
'  (.'.inada,  with  all  its  dependencies,  as  well  as  the 
'  Island  of  Cape  Breton,  and  all  the  other  islands 
'  and  coasts  in  the  gulf  of  the  river  St.  Lawrence, 
'  and  in  general  everythimr  that  depends  on  the  said 
'  countries,  lands,  islands,  and  coasts,  with  the  sov- 
'  f (•(•'>))/;/,  prnpertii,  pof^refsion,  and   all   rights  ac- 

'  '  quired  Ijy  treaty  or  otherwise." 

j  France,' it  is  well  known,  sir,  had  commenced  set- 
tlements at  A''adia,  and  in  a  dependency  of  Canada 
northwest  of  the  Ohio,  bein-!:  now  the  Stale  t'rom 
wiiich  I  come,  and  on  the  Ohio  river;  and  beinj» 
beat.'ii  ill  tiie  field,  renounced  her  rii;ht  and  yield- 
ed all  her  preteiisions  to  them.  She  was  forced, 
sir,  to  acknoulediic  this  Ih'iiish  doctrine  for  the 
American  coiitiiicnt,  that  prior  remote  discovery 
and  subsequent  partial  setlhinent  on  the  Atlantic 
and  a  i'c.w  of  its  rivers,  afforded  a  just  and  sutH- 
cient  irround  f'or  extension  by  contiguity  and  con- 
limiiiy  iVom  tiiat  coast  to  the  Pacific. 

The  same  rnie  of  public  law  she  had  apjdied, 
sir,  loiiL' l're\-ioii,'!y,  to  ihn  Dutch  in  their  colony  of 
IS'ew  iNt  iheilaiids,  afterwards  colony,  now  State 
of  Xew  York.  Great  Britain  claimed  to  have  first 
discovordl  the  Hudson  river  in  1()(I8  l)y  a  iJutch 
navigator  in  their  service,  who  sold  it  to  the  Dutch; 
and  ahiiough  liiey  first  sctiled  at  its  mouth  prior 


6 


to  llir  srlilmrn!  oftlic  ril'.n-iin';  nt  Plyni'""!'.!!,  nnd 
i)(r.u|iii(l  ii  in)  lijiir  ti  (■•■iiliiry,  tiny  I'lll  initlcr  lie 
opciiiiioii  (>l"ilii;-i  IJiilisli  Aiiitilciiii  |»iiiii'i|ile  ofin- 
toniiilidiKil  lii\v-,  niitl  cniKnirst,  jiisiilii'd  liy  liritiiin 
•III  pridr  (iiscox 'I'v  miil  (■untiiiiiiiy,  ms  iiii(  ivt'iiiiiir 
hi-rcnloniis  Imih  Muriliuiuil  mnl  similiuurd,  (inully 
a(l<l((l  iN'cw  \'(iil<  In  iIk;  IJiiiish  nilDiiii  s  in  North 
Aiiiciica,  (!Xioiuliiii;  rnmi  tin-  sea  to  llic  ginil 
lakes. 

Grriu  Briliiin,  sir,  iniiinti'iiicd  tliis  durlrinn,  of 
rit^lit  to  territory  Ix'inu'  coiifcrrid  liy  dit^covf  rvi  liy 
her  sword,  and  (  oiii|nH(il  all  oilier  Foweis  feclih  r 
tliiin  lierselt",  to  siiliiuil  lo  its  a|i|ilii'aiion.  Cer- 
tainly, (hen,  sir,  we  had  a  I'iear  ri;riit,  v.h(!n('iin- 
tciidiiv^  with  lier  aliout  title,  r<siin;r  upon  similar 
yet  sironirer  irnmnds,  to  a))ply  lo  Ixr,  her  own 
principles,  wiiicli  we,  ns  coioides,  aided  lier  in  os-  ' 
tablisliin;:.  And  it  neither  eomports  wiiii  jiistiee 
nor  propriety,  that  she  should  he  perniiiiKl  to 
chaiii;e  her  j^ronnd  the  nioinent  those  principhs 
hecomo  iiu"<)iivenieiit  to  lieisell'.  and  ohsiriici  her 
path  to  territorial  air2>"'"idi/.<  meiit.  She  must  now 
stand  up  lo  the  )irineiple — "the  chalice  mnsl  he 
returned  to  her  own  lips."' 

She  aii)ilied  this  same  |iiineiple.  sir,  to  the  l-'alk- 
land  Islands,  on  the  Atlantic  coast  of  South  Amer- 
ica, which  were  liist  sun  in  jr>It-2  hy  one  of  In  r 
naviirators;  ami  nfierwnrds,  in  17(i4  iiossession 
was  tj'.keii  of  all  ot"  theiu  in  ihe  name  of  Georije 
the  Third,  tiieii  Kiii'j:,  hy  Inndinu'  on  one  of  iheni, 
thoiiL'!!  no  settli meiit  wiiaU'ver  v/as  made  or  at- 
tenipled.  Spain,  I  wo  y<'<ii's  after,  .--ent  tido|)s  from 
her  province  of  liueiios  Avrcs  to  one  of  these 
islands,  took  possession  of  it,  settled  it,  and  iravc; 
it  a  name.  In  J7(i!t,  a  (iis|iute  arose  between  these 
two  crow  lis  as  lo  the  so\ei-ei'j;niy  ui'  these  islands, 
wlieii  this  !h-iti.>h  principle  of  public  law  was  , 
atraiii  invoked,  and  Spain,  weak  and  timid  Spain,  ' 
had  to  submit.  '' 

Indeed,  sir,  her  whole  histriry  sliows  tliat  ]iiior 
discovery,  even  unaccompanied  by  settlement, 
was,  for  her,  a  suliicient  irround  of  title. 

It  may  be  said.  sir.  that  a  true  exposiiioij  ol'the 
hiw  of  nations  doe.s  not  saiu'tion  this  princi))Ie. 
But  Grci  ;.  Uriiaiii  has  estaldished  it,  and  iIk.'  con- 
troversy is  with  lu'r,  and  to  her  it  can  be  applied 
witii  peculiar  a;id  poweri'ul  force.  She  was  en- 
abled to  write  this  law  with  the  |>oint  oj'  her  sword, 
and  to  interpolate  the  code  of  ]>ulilic  law  in  a 
manner  to  suit  herself.  In  this  :iialter  of  interna- 
tional law,  air,  the  jrreat  moral  law  v.hich  should 
govern  nations  as  well  as  individual  man,  is  not 
unfrif|uenlly  disreL'arded.  Willi  nalions,  mi:.'lii 
is  too  commonly  rcjarded  as  riiiht,  iuid  power  com- 
pels obedience  to  the  most  odious  priiici[iles,  which, 
iVom  the  forced  acfpiiescence  of  the  weak,  become 
in  time  to  b.e  regarded  as  t'uiidaniental  principles 
of  inlernaiioiial  law.  No  nation,  .sir,  has  been 
more  uniformly  successful  than  (rreat  Britain  in 
cstablishiim'  tliese  principles  of  international  law 
which  best  compoiifd  with  her  ov.mi  views  of  pidi- 
ey;  and  she  has  ih  lied  all  iiMiion>:,  mW,  exct^plin^'- 
our  own,  sir,  in  their  assertion  and  )>rosecation. 

A|)ply,  -Mr.  Pnsiileni,  tins  conjoint  Briiisli  and 
American  exposition  of  puldic  lav,-,  which  1  have 
ftated,  to  the  Spani.Nli  discovery,  in  a  natioiuil  ship, 
fitted  out  for  the  purpose,  l>y  j'erez  in  177'l,ofthe 
Pacific  coasl  of  (^re;::oii  us  I'ar  north  ;is  iIk  iiorili- 


wrst  i«>int  oMVashiir'lon  Island,  as  claimed  l>y 
the  United  States,  im  ludiiej,  also  .Nootka  and  V'an- 
coiivfr'.s  Island;  of  Hecela  anil  U,uadra  in  177.'>, 
of  the  mouth  of  the  Columbia  river,  and  of  varion- 
other  pans  of  the  coast,  as  rdiilcd  by  linmbiddl 
ill  his  "  New  S|iain,''  (vol.  r>,  pp.  2.V>;  ■,>;"■»:»;)  to  I h' 
fiict  of  an  aciual  Spanish  oi'cu|iaiioii  of  iSoolk.' 
from  |7'-!l  to  i7!t.">,  when  the  Spaiiiarils  voluntarily 
abandoned  ii;  and  that  no  British  senlcment  ha> 
since  been  made  there.  Apply  it  to  the  .Vmericai. 
discoverv  of  and  sailin;;  up  the  principal  river  by 
Cajilain  Oray  in  hisi;ood  .-hip  the  ('(diimbia.  wIiom 
icime  thi' river  bears.  Apply  it  to  the  prior  .sel- 
ilenieiil  bv  Spain  of  Calit'ornia  and  other  points  oi 
the  co,!:t'of  \hc  I'acific,  under  the  onh  is  of  tin 
Viceroys  of  Mew  S|iain.  wiili  a  .steady  and  iiii- 
yieldinir  I  laim  of  title  tVom  1774,  to  the  whole  cons' 
from  Califoinia  to  a  latitude  north  (dT)4"^"'  4(1'.  Ap- 
ply it  to  the  explorations  of  On  ;rr>ii  by  Lewis  and 
Clarke  from  the  head  walers  of  the  Cohnnbia  toil- 
month  on  the  line  of  coiitiniiiiy,  and  to  the  Amen- 
can  setilenicnts  made  in  )Nl!»"and  \r*ll — the  lattei 
beiiiL' Astoria,  ai  its  nioulli — and  the  po>t  on  tin 
Olcanatraii,  six  hundred  miles  up  the  river,  and 
one  on  the  Spokan,  siill  further  advanced,  and  on 
ihe  Kooskooskce  and  the  Willanniie  rivers,  aii'l 
to  the  fatrreridrr  of  Astoria  lo  the  United  Slates  l)y 
(Jreat  Britain  in  virtue  of  the  first  article  of  tin 
tnalN-  of  (ih(  lit.  and  without  any  qualification  oi 
reservation  wlrilevei  :  ami  consider  that  all  thesi 
acts  and  foimdali(nis  of  tiile,  Spanish  (uid  Ameri- 
can, beloni;-  to  the  United  Slales, — aiid  we  find  our 
title  perfect  to  tlu^  whole  of  On  !ron  n|)on  tliosi 
principles  of  public  law  established  by  Great  Brit- 
ain herself  on  the  American  coir.indii  firior  to  oui 


iicli   slie   lia.s  alwuy. 


betwt 


.S43  and   {i':P  north  latitude.     It  will  noi 


juiawcr 
pre\  ions 
llie  oppo 
knowlcib 
♦•  the  V 
'  pendciii 
'  and  for 
'  ,|iii.shes 
'  and  lin 
'  thenof. 
by  thi^ 


Bevoliition  in    177ti,  and  \\  i 
uri;ed  in  Inr  own  behalf. 

On  iMiirhnid's  own  doctrine,  sir,  have  we  not 
a  perfect  title  to  the  wliole,  of  Orii^on?  liavi 
we  not  a  perfect  ri:,dit,  sir,  to  afijily  to  her  pre- 
tensions then-,  the  test  of  her  own  priiiciides 
If  her  discovery  of  the  Atlantic  coast,  and  liei 
]Kirtial  settlements  at  .Taniestown  and  Plyniouih, 
entitled  her  to  claim  the  whole  coast  and  country, 
and  to  turn  the  l-'remdi  and  the  Dutch  out  of  it — dc 
not  ourdisco\eiirs,  and  those  of  Spain,  which  now 
beloii;!  to  us.  on  the  iN'orlhwe.st  coasi,  and  her  and 
our  esialdishnienis  and  ))ossession  there;  (Spaii: 
beimr  undeniably  the  first  discoverer,  and  thai 
not  remoiely;)  irive  us  a  title  ecuially  valid  to  tin- 
coast  of  the  Pacific-  If  tlie  Britisli  j'rinciple  wa. 
sound  in  the  one  case,  why  was  it  not  in  theoiher; 
Clin  this  be  answered?  Or  .shall  it  be  |iermill(  (I  her. 
at  lier  own  caprice,  to  ch.aiiice  principles  she  li;'.> 
established,  without  resisiaiice,  from  a  Govern- 
niiiii  and  Power  equal,  if  not  su])crior,  lo  her 
own .' 

The  views  here  presented,  .sir.  Justify  me,  1 
think,  in  the  assertion,  that  from  tlie  puldic  lav 
ill  regard  to  title  arisimx  upon  discovery,  as  as- 
serted b\'  I'aii'-'and,  she  is  estoi)ped  by  jier  ow  ii 
act  from  ci.iimin'2'  any  pfirt  fd'lhe  A(^rihwist  coast 


do  to  sav,  sir,  in  o|iposinoii  lo  this  coia  lusion, 
that  the  limits  of  tin'  P>rilis!i  po.ssessions  on  thi.. 
continent  were  confined  by  the  treaty  of  ]l{i',i  to 
th(>  cotintrv  east  of  tin;  Mississijipi;  nor  tliat  the 
trcitv  of  peace  of  17^.';,  acknowledgin!.';  the  inde- 


.seu. 


tiff  I'liiiiiii  (I  l'\ 
iiitk;i  and  V';iii- 

(.uiiiirii  ill  ll'i'i. 

\  !Ui(l  (if  viirioii- 
liv  iliinilHiidi 

}.)•;,"  r.>r>;h)i(»  III' 

limi  til'  iNOolk.i 
iiiiis  vdliMitaiily 
.st'ltlciiiciit  liu.- 
n  llif  Aincricai, 
iiK'il'iil  liver  l»y 

nillliliii.'l,  \\'l|(>^f 

)  tlif  prior  srt- 
iiii'r  [xiiiils  ol 
r  onlii's  (if  till 
<li'ii(ly  iiiid  iiii- 
tlii'  wli'ilc  (•(liiM 
nlTirMO'.  Ap- 
I  l>y  ii<Mvis  ami 
( "iiliiiiiliiii  to  ii 
d  lo  tlic  Aiiirii 
Mil— Ihf  iiittci 

lllf    |M1>1     (111     tin 

the  river,  and 
viuiccd,  mid  fii: 
(lie  rivpis,  tind 

iiited  Slfitcs  liy 
t  iirticle  ot'  till 
f|iiidiriciilion  (11 
r  that  all  iliesi 
isli  and  AiiKtii- 
liid  we  liiid  our 
roll  upon  tlio.si 
I  liy  (-.'iTiit  IJrit- 
::m  prior  to  oiii 


he 


la.s  ill  way. 


I',  liavf;  \\»;  1)1)1 
)riL;oii  r  Unvi 
iply  to  licr  pif- 
)wn  )iriiiciple.s 
const,  and  liei 
and  I'iyiiioiuii. 
St  and  emintry. 
c.li  ont  ol'ii — (ir 
i.".in,  wliirii  now 
SI,  and  iier  and 
there;  (.Sjiaii: 
■erer,  and  thai 
liy  valid  In  the 
li  ]'rincip!e  Wii- 
lol  ill  tlieoilier; 
!'  lierniitud  iier. 
ii'ipic.s  she  l);i.> 
orn  a  Goverii- 
.i])criur,   to  iier 

justify  mr,  I 
the  ]Hddic  lav. 
leiivery,  as  as- 
'd  liy  her  own 
I'erihwi  St  eoasi 
le.  It  will  no! 
hi.s  coiiilii.sio.M, 
e.ssions  on  i!ii.> 
i-aly  of  ]7(j;j  lo 
!•.  nor  llsat  the 
igiii'.^  the  inde- 


Iieiiiicni^r  of  the  Anicriean  rojoinof,  confinrd  ta.  ni 
lo  that  river  as  their  wfsiirn  limit.     This  is  no 
answ(  r  to  ilie  arirnmeni,  based  as  it  is  upon  the 
jire\  10I1.1  ael  of  (jlreal  IJrilniii  herself,  and  slw  now  ] 
the  opposin;^  'd.iiniant ;  tor  liy  ilie  leriiis  of  that  ao  | 
Knowli  d':inent,his  ISritanic  iVlajestyaekiiow  h du'cs  i 
"  the  l.'nited  Slates  to  lie  free,  sovereitcn.  and  inde-  i 
'  pendent  Slates;  that  lie  treats  with  them  as  sindi;  ' 
'and  for  hinl^ell',  his  heirs,  and  ,ii/fc(.s\wrs,  reliii-  j 
'  quishes  all   claims  to  the  government,  jiroperty, 
'  and  lirritoriiil  rii^hts  of  the  same  and  every  pari  I 
'  thereof."   Alilioii;rii  lioiindaries  were  estahlishi  il  , 
liy  this  trcaly  for  the  States,  yet  there  was  no  as-  j 
sinned  re.siiinption  of  territory  theretofore  ;;Taiited  i 
|jy  Ureal    Mriiain  to  any  of  the  colonies;  Imt  all 
their  '•  territorial  riiihts  '  are  |)rescrved  to  them  as  ! 
fJtated.     Uy  the  colony  eliarter  of  |fi(l!t,  Viriiinia  i 
had  "  territorial  ri2;hts',''  as  le.Minsi  Great  I'riiain, 
on  the  I'ai'ific  coasi,  coiiiprelieiidiiiir   Iwiaily-eii^dit  i 
dei^rees  of  huiuide;  and  liiiaerh  she  did  iioi  claiai, 
ns  airaiii.-t  France  and  Sjiaiii,  any  farther  west  than 
the  Mississippi,  she  could  claim  as  au'ainst  (ireat 
r>ritain — no  treaty  or  ad  of  hers  liavinu;  reslricted  ! 
Iier  western  limit.-!  in  favor  ofGreat  IJritain.  Apart,  j 
then,  .sir,  from  the  claims  of  France  and  Spain, 
Vilirinia  claimed   riirhtfuily  from  .sea   to  sea;  and 
this  title,  ihu-s  emanating;-  froinO'r.'at  Hritain  her.self. 
.she  ^'raiiK  d   to  the  United  States  Ijy  her  deed  of 
ccs.sion  at'  tlic  1st  of  March,  1784. 

Anuiher  view  of  the  qucsiion,  sir,  and  aux- 
iliary to  iiii.s  already  presented,  makes  tiie  case 
more  ( onckisive ;  and  it  is  this :  Great  15rilain, 
l»y  virtue  of  prior  di.scoverv,  and  of  small  and  de- 
tached sittlenicnis  made  after  the  lap.^e  of  more 
than  arenuiry,  clainu  d  a  perfect  title  lo,  and  juris- 
diction over,  llie  vast  reirioii  sUeicliiiiu;  from  the 
AUaiilic,  lo  the  Pacilii;,  iiadudin;;  ()rei;-oii,  and  cov- 
ered it  with  her  colonial  charters,  as  we  have 
seen. 

By  the  treaty  <if  Pari.s  of  17G3,  before  adverted 
to,  sir,  and  by  the  treaty  of  peace  of  llHli,  Great 
i'l-itain  abandoned  her  riijiit  to  all  the  land  covered 
by  tlie.se  charters  west  of  the  Mi.ssissi(ipi  river, 
(wliich  of  necessity  accrued  to  Spain  as  the  owner 
of  Louisiana  by  the  secret  treaty  of  17():2,)  and  of 
all  the  country  west  to  the  Pacific,  includin!r  tl>»-' 
whole  of  Oregon;  because  tliere  was  no  other 
Power  then  in  existence  asserting-  a  claim  to,  or 
which  had  made  a  settlement  at  that  time  on,  that 
coast;  and  ilie  claim  by  continuity,  exti  ndini^-  east- 
ward from  the  Pacific,  and  westward  from  the  Mis- 
sissippi, would  lawfully  cover  the  wdiole  space. 

This  treaty  of  17(i3"\vas  to  close  a  war  wa'^ed 
for  territorial  rio;hts,  and  it  was  intended  "  to  re- 

•  movc/uctrtr  all  subjects  of  dispute  with  rc^crard  to 
'  the  limits  of  the  liritisli  and  French  terriunies 
'  0)1  the  cnnlinent  of  Jhmricu;"  the  secret  treaty  of 
17G;i  not  beini;-  then  known,  bv  which  Spain  "iiad 
succeeded  to  the  rights  of  France.  It  was  ai^rced 
by  it  "that,  furlhefului-e,  Ike  confines  bit  trtoi  the 
'  iluminions  of  his  Britannic  Majesty  and  those  of 
'  his  most  Christian  Majesty  in'  tliat  ])arl  of  the 

•  world,  siiall  be  fixed  iircrocablii  by  a  line  drawn 

•  aloiiL;  ihe  middle  of  the  river  Mississippi,  from 
'  its  source  to  the  river  lljerville.  and  from  thence, 

•  by  a  line   drawn  aloii;;  the   middle  of  tiiis  river 

•  and  the  lakes;  Maurcjias  and  Punlchartrain,  to  the 

•  .sea."' 


Spain,  nt  the  same  time,  n\r,  rc.ird  to  Grrnt 
Britain  {''lorida  and  all   S[>aiiish    possessions  cn.st 
of  iIk    .Mississipjii;  and  till  se  parlies,  by  ihcir  re- 
sp(  ( ii\('  c(  s..ioiis,  left   tlie  iiil'irence,  allliou'jh  not 
expressed  in  the  treaty,  tliat  the  ti  rritory  tnM<  of 
that  rivi  r  remained  in  the  posses.ioii  id'  either  or 
iiotli,  France  and  Spain.     The  raibseipn  nt  cession 
of  Louisiana  by  Spain  to  France  in  IHMI  eiialiled 
her  to  cede  the  same  to  the  I'niled   States  by  the 
treaty  of  lM(J."<.     If  not  conveyed  by  that  treaty 
sir.  as  not  within  the  limits  of  Louisiana,  it  was 
within  iIki  dominions  of  Spain;  and  liiat  I'owcr 
by  tiie    Floriila  treaty  of  l^J'.J,  ceded   to  us  all  her 
"ri'ihl-i,  c|aiin.>',and  preteusiiois"  to  the  territoric 
on  the  I'.icific  north  of  the  forty-second  degree  o 
iKirth  latitude. 

Mr.  President,  to  say  the  least  of  this  exhibition 
of  title  on  onr  |iart,  a  strong  prima  facie  case  is 
made  out,  siillicieni,  in  a  court  ofjuslice,  to  put  the 
opposing  pirly  on  his  dtfeiice;  and  if  he  shows  no 
liile  on  his  part,  a  recovery  niu.-it  lie  had  for  the 
]>remises  in  (lucsiioii.  li  is  a  good  title,  and  must 
prevail  overajiarly  showing  end  claiming  none, 
althoiigii  in  the  actual  possession;  such  pos.srssioii 
being  bv  the  consent  of  the  party  holding  the 
titled  ami  which  the  tenant  is  not  nt  liberty  to  dis- 
pute. It  is  now  for  Great  Britain  to  show  her 
title.  We  have  made  out  a  yirima  facie  case  as 
against  her,  and  can  recover  on  ils  strength,  un- 
less some  act  has  been  done  by  us,  or  by  one  or 
all  of  the  parties  ihrougfi  whom  we  claim,  to  defeat 
a  recovery.  Since  this  charier  of  Kitlit,  and  the 
treaty  of  17().'J,  Great  Britain  could  piu  fortli  no 
valid  pretension,  sir,  to  any  part  of  this  contineiil 
we.st  of  th(!  iVIississippi,  imh  ss.she  cfin  found  it  on 
.some  transaction  or  treaty  subse(|iient  to  those 
dates.  The  coiiidusion  is  irresistibh; — there  is  no 
e.scajie  from  it:  she  has  given  tip  all  the  continent 
west  of  that  river,  and  can  claim  nothing  there, 
unless  on  the  ground  of  smue  subse(|uent  arrangf:- 
ment,  by  wliicti  a  valid  claim  has  iheen  acquired. 
And  this,  sir,  it  is  |ireteiided,  she  has  aciiiiired 
by  the  convention  between  Spain  iuul  Gre.at  Brit- 
ain, signed  at  the  Escurial  on  the  :2Hlh  of  October. 
17U0,  called  the  "  Nootka  Convention."  This  con- 
vention, allowing  British  subjects  to  make  settle- 
ments for  trade  with  the  Indians,  without  any  grant 
of  soil  or  sovereiirnty,  it  is  alleged,  changes  the 
position  of  the  parlii's,  and  defeats  our  claim  to  a 
recovery.  It  remains  to  be  .seen,  Mr.  President, 
if  this  is  so — if  the  convei-.tion  does  secure  to  or 
recoo:ni/.e  in  Great  P.riiaiu  siu  h  a  territorial  claim 
as  will  defeat  our  title. 

The  laiiaiiaire  of  the  convention,  sir,  .speaks  for 
itself.  There  is  not  a  syllable  in  it,  nor  a  sentence, 
wdiich  can  be  tortured  to  convey  the  idea  of  a  ces- 
sion of  soil  and  sovereignty,  or  of  a  recognition 
of  territorial  or  national  rights,  as  pre-existing  in 
Great  Britain.  It  secured  sinnily,  sir,  to  the  sub- 
jects of  bolii  Great  Britain  and  Spain  certain  priv- 
ileges on  thai  coa.^t.  Look,  sir,  at  the  fourth  ar- 
ticle of  the  treaty  of  ]7().'J  for  the  terms  nation.': 
use.  in  ceding  soil  and  pnvercignty.  They  are  far 
dillereni  from  those  used  in  the  Nootka  conven- 
tion.    'I'liere  arc  words  importing  irrants. 

No  terms  of  trraiit  or  cession  of  any  sort  being 
found  in  the  Nootka  convention,  it  must  be  deem- 
ed, like  ihc  convention  we  arc  seeking  to  annul 


8 


1 


and  (ihrnsjnf^,  n  mere  intr.rnntinnal  (irransfomrnt  for 
tlic  iiurpoNCN  (if  trade,  wliii'li  ciui  liiivciiu  iritliiencc 
r»n  lli<!  (iiH'sjlinn  (t(  HovcreiKiity  and  titlf.  Ureal 
Britain  wan  Hcckint;  no  iialional  HDvi'n-i'riity  or 
jurimliclimi  on  tlmt  coast,  liut  in  jirotcct  llic  indi- 
vidual profK-rty  of  lu;r  Hubjfi'ts  tlirn,  and  tnulnii; 
jirivileireH,  "  for  the  |uir|tos(;  of  carrying  on  ihcir 
I'oninuTcc  willi  llii'  natives  of  iIk;  eniinlry,  or  of 
iniikin;;  selllenientH  there ;"  and  tluse  snhjeet  to 
many  reslrit  liotiH  wliieli  S|)ain,»i!i  the  rij^litful  «ov- 
ereit^n,  eonid  alone  impose. 

It  is  ditiieiilt,  sir,  to  misunderstand  tlie  relative 
position  of  tiie  two  parties  to  the  convention — Spain 
ejniinin'j:  to  he  the  sovereii^n  of  tiie  country,  and 
Great  IJritiiin  simply  stipulating  for  the  protection 
of  the  private  riijlits  of  tier  siilijectH  within  it,  for 
tlie  Hol(!  purposcof  tradiiiij  with  the  Indians  on  the 
Spanish  coast;  stipulations  which  would  be  inno- 
cent atid  admissible  if  applied  this  very  day  in 
fiivor  of  a  foreign  Power  to  the  Atlantic  coast  of 
the  United  States.  Such  a  srant  would  be  perfect- 
ly harmless,  and  would  convey  to  such  Power  no 
more,  and  as  much,  sovereignty  as  was  conveyed 
by  the  Nootka  convention. 

Indeed,  sir, Great  Britain,  so  late  as  the  16th  De- 
cember, lb26,  declared  to  our  Minister  that  she 
"claims  no  exclusive  sovercii^nty  over  any  portion 
'  of  that  territory  :  her  j)resent  claim,  not  in  respect 
'  to  any  part,  but  the  whrde,  is  limited  to  a  richt  of 
'joint  occupancy  in  common  with  other  States, 
'  Icavin;^  the  ri2:ht  of  exclusive  dominion  in  abcy- 
'  nncc."  This,  it  must  be  admitted,  sir,  is  a  very 
va^iie  and  undefined  claim;  the  conveition  recojj- 
nising:  only  the  right  of  British  subjects  to  trade 
with  the  natives  only,  and  even  that  subject  to  rc- 
strictitms.  Yet  Great  Britain  admits,  that  whatever 
the  title  may  have  been,  "either  on  the  part  of  Great 
'  Britain,  or  on  the  part  of  Spain,  prior  to  the  con- 
'  vention  of  1790,  it  was  from  thenceforward  no 
'  longer  to  be  traced  in  vague  narratives  of  dis- 
'  coveries,  sevdfal  of  them  admitted  to  lie  apocry- 
'  phal,  but  in  the  text  and  stipulations  of  that  con- 
'  vention  itself."  Why,  it  may  be  asked,  make 
such  a  convention  with  Spain,  if  she  had  no  right 
of  soil  or  sovereignty  there;  if  she  was  not  enti- 
tled, on  British  principles  of  public  law,  to  the  full 
benefit  of  all  her  discoveries  and  settlements  on  that 
<oast,  which  she  was  at  so  much  pains  and  expense 
to  make,  through  an  organized  department  of  her 
(jiovernmcnt  established  for  that  express  purpose? 
Great  Britain,  up  to  that  time,  sir,  had  never  sent 
out  M  single  ship  for  any  such  purpose.  Drake 
was  a  pirate,  and  navigated  the  seas  for  plunder, 
and,  instead  of  a  halter,  received  from  his  sovereign 
knisjhthood.  Cook  was  sent  to  discover  the  much 
winhed-for  western  passage  to  China,  and  had  strict 
orders  not  to  take  possession  of  any  part  of  the 
coast  already  discovered  or  visited  by  any  Euro- 
pean Power.  In  nninhahited  countries  he  was  to 
erect  I  he  proper  symbols  of  possession.  He  made 
no  discoveries,  sir,  which  had  not  been  made  years 
bet'ore  by  Spanish  navigators,  except,  perhaps, 
fhe  Icy  Cape.  Perez  was  in  Nootka  Sound  in 
1774,  and  Bodega  y  Gluadra  in  111^  had  named 
a  mountain  under  the  parallel  of  57°  jMount  Sun 
/firiit/o,  which  Cook  saw  in  1778,  and  called  Mount 
Hdgeeoml).  And  it  may  be  asked,  sir,  whose  right 
•'f  "  exclusive  dominion"  over  this  country  was 


thus  "to  remain  in  abeyance.'"  Did  Spain,  by 
that  convention,  airree  to  anythiii!:;  n  nre  than  this, 
that  whilst  the  convention  existed,  Ik  r  exrhisivr 
Movereiijnty  and  jurisdiction  over  thr;  cunntry,  up 
to  the  lilst  degri'e  of  north  latitiuli-,  which  she  had 
repeaiedly  asserted  and  insist('d-on  hefore  the  Pow- 
ers of  Kni-ope,  and  not  (|uesiiiini'd  liy  tin  in,:<lioul(l 
not  be  exercised  as  to  the  subjects  of  (Jreai  iirUain 

This,  Mr.  President,  appears  to  me  to  be  th' 
tru(!  meaninir  anil  spirit  of  the  convention  of  Xool- 
ka.  Great  Britain  did  not  claim  the  sovereiirnty: 
the  tnwity  was  not  made  to  convey  the  soven.'ign- 
ty;  it  was  to  re-estaMish  British  subjects  in  thr 
possessinn  of  such  "  lands,  buildings,  vessels,  and 
inerchaudise,  and  other  properly,"  of  which,  it 
was  alleged,  they  had  been  forcibly  dispossessed; 
"or,"  in  default  Inereof,  "a  just  compensation'' 
to  be  made  to  them  "  for  the  losses  which  thev  had 
sustained."  Neither  the  Message  of  the  kiiiff. 
sir,  nor  the  discussions  in  Parliament,  nor  the  lan- 
guasre  of  the  di|>lomatic  correspondence,  nor  the 
words  of  the  treaty  itself,  make  the  least  allusion 
to  a  claim  of  sovereignty  by  Great  P.ritain,  nor 
to  a  direct  denial  of  such  .sovereignty  as  existine 
in  Spain.  The  deluites  in  Parliament,  sir,  which  eri- 
sued  this  <  onvention,  will  lie  in  vain  appealid  to,  as 
furnishing  any  evidence  llmt  it  was  the  undi  island • 
ingof  any  British  statesman  of  that  day,  v.l.n  took 
part  in  tlie  disi'ussion,  that  any  territorial  rights, 
jurisdiction,  v  sovereiirnty,  wer<»  aci^uired  by  it. 
Besides,  sir,  whatever  it  may  be,  it  was  extorted 
from  Spain  whilst  under  a  moral  duress.  Slie  was 
not  in  a  condition  to  resist  any  demand  Great  Brit- 
ain, in  her  arrf>irant  spirit,  might  choose  to  make. 
It  was  an  extortion  which  shocked  the  ni. mil  sense 
of  nations.  One  of  the  most  distinguished  I'.riiish 
hi.storiiuis,  in  commenting  upon  this  transaction, 
so  derogatory  to  the  fame  of  a  great  and  proud  na- 
tion, says: 

"By  the  treaty  of  MtVA,  the  river  Missii^sippi, 

*  flowing  from  north  to  south,  in  a  direct  course  of 
'  fifteen  hundred  miles,  was  made  the  perpetual 
'  boiuulary  of  the  two  empires;  and  the  whole 
'  country  to  tlie  west  of  that  vast  river  belonsred  to 
'  his  Catholic  Majesty,  hy  just  as  valid  a  tenure,  as 
'  the  countrji  easticard  of  the  nver  to  the  Kinp;  of  Eng- 
'  land.  "^  lusive  of  the  recent  and  decisive  line 
'  of  demarcation,  by  which  the  relative  and  politi- 
'  cal  rights  of  both  nations  were  clearly  ascer- 
'  tained,  the  Spanish  Court  referred  to  ancient  trea- 

•  ties,  by  which  the  rights  of  the  Crown  of  Spain 
'  were  acknowledged  in  neir  fall  extent  by  Great 
'Britain." 

After  commenting  on  the  olTer  of  Spain  to  refer 
the  matter  to  any  crowned  head  in  Etu-o))e,  which 
Great  Britain  refused,  and  the  proceedings  of  the 
King  and  Parliament,  he  says: 

"  No  assistance  being  had  from  France,  Spaiti, 
'  yielding  to  necessity,  complied  with  the  harsh  de- 
'  mands  for  restitution  and  indemnification;  and 
'  at  length,  on  the  i28th  of  October,  1790,  a  con- 
'  vention  was  signed  at  the  Escurial,  by  which 
'  every  point  in  dispute  was  conceded  by  Sjiain. 
«  The  settlement  of  Nootka  w:is  restored,  free  nav- 
'  igation  and  right  of  fiKsliiii"-  in  the  southern  Pa- 
'  cific  were  confirmed  to  Britain;  a  full  lilnrty  of 
'  trade,  and  even  of  settlement,  was  granted  to  all 
'  the  northwest  coasts  of  America  beyond  the  mo.st 


9 


Did   S|i(»in,  l)y 

iM>ir  tliivn  thin. 

,  Ik  r  <'X(|iinivr 

lie  (•(iiiiitry,  lip 

wliirli  slic  liml 

II  liirc  ilic  I'ow- 

'V  the  ni.slMiiild 

('(iiciii  iiruiiiri 

I  iiw;  til  lit'  th< 

I'litiiiii  lit'  iVool- 

II'  Hitverciirnty. 

the  SDvcn'iffii- 

.siilijcrts  in  thr 

ZH,  vcsscIh,  M\(\ 

of  wliifli,  it 

y  (iisposscsst'il; 

<'i)ni|)i!nsiition'' 

wliii  li  ilifv  liad 

of  the   kiiiff. 

nt,  nor  the  hin- 

dniro,  nor  the 

h'iist  iilluNioii 

at   liiitnin,  nor 

;nty  as  cxistini: 

I,  sir,  whiih  LTi- 

)  fippinli  (i  lo,  «s, 

ihr  undrrstnnd- 

day,  who  took 

nrritoriiil  ri;^hts, 

iirqiiirt'd  hy  it. 

it  was  f'xtortpd 

ircss.     She  was 

land  Grrai  Hrit- 

hoosr  to  make. 

thf.  nigral  .-icnsr; 

is-uislii  d  liriii.sh 

his  transartion. 

t  and  proud  na- 

:vv  Mi.ssii!.-iippi, 
direct  eoiirse  of 
c  tlie  perpetual 
and  the  whole 
iver  belonsrcd  to 
I'alul  a  tenure  as 
the  A'iao-  nf  Eng- 
id  derisive  lino 
xtive  and  politi- 
3  clearly  n.seer- 
to  ancient  trea- 
^Jrown  of  Spain 
extent  by  Great 

f  Spain  to  refer 
F^nrojie,  which 
ccedin2;s  of  the 

France,  Spain, 
th  the  harsh  de- 
inifieation;  and 
r,  1790,  a  con- 
rial,  by  which 
ided  hy  Spain, 
tored,  free  nav- 
e  .somhern  Pa- 
i  full  lilcrty  of 
s  jrranted  to  all 
cyond  th.o  most 


'  M.inhf  riy  of  ilio  .Sjianlsli  scttlcincnt.'^,  i(ii.,-!"<',(mj)-«-  , 
'  nh'1,  however,  by  any  form  il  rrn\n\''utthni  of  iheir 
'  ri','lils  of  .soverei^'uly."  , 

'I'liM,  Mr.  I'rcsidi  .II,  is  the  Ian?in.;e  of  the  ini- 
piirli  il  Ih'ili^h  iiisl.iriai),  nclshai.i,  (vol,  8,  p;i. 
.'I.'llj-'T,)  and  clearly  shows  ilmt  iio  sovrrei^iiiy  | 
w.i"<  aci|iiirrd  by  (Jnat  liiii  lin  over  any  part  of  the 
niirihu'st  co.i-;t;  and  su''!i  priv  il«  .res  us  ucrc  aiuii- 
ally  firaiiti  d,  if  not  txer>'ise(l  iiy  thu  irrintee  du- 
riiiL^  the  i-oiiiinuaiice  of  ownership  by  Spain,  (and 
ihcy  weri!  not,)  would  not  attach  to  tli'i  ti  iritory 

when  out  of  the  p(iss(>sion  of  .Spain.     'I'h ti- 

veiiiioii  would  not  binil  the  nation  to  wlnmi  Sjaiii 
crd'd.  Il  is  not  a  coviiiani  ruuniii.;  with  lb' 
I  tiid,  and  to  ailhere  to  it  tlironirh  all  the  niutalious 
of  ovviii  r.ship.  If  tlial  touiiiry,  .sir,  had  become 
settled  after  tiiis  convention  by  our  own  citizens, 
or  sulijecls  of  u  forei;^ii  I'ower,  and  they  had 
eslablisliid  their  ind<'|i('Hdi  uff,  the  eonvenliou 
would  have  been  ipsii  furtii  al)ro;;aled,  and  equally 
so  by  a  cession  to  another  l'oui;r.     'I'alce  the.  case 


o  i/y 

of  'I  I  XllS 


SU-,  tor  an  exiiiii;)!!' 


Whilst  an  iiiile- 


pcudi  lit  n;liin,  she  made  treatii  s  with  several  of 
the  ICurojiean  Powirs.  She  is  now  no  loii:',er  such 
a  n.itioii — she  is  incorporated  into  our  Union. 
What  becoincs  of  these  treaties.'  Are  they  biiid- 
m^uponiisr  (.'an  iho.-^e  t'oreiyn  Powers  d"maMd 
of  us  the  fuilihiuiit  of  t!ie  enga'.,'-em(>:iis  of  Ti'Xas.- 
1  do  no*  ■!)  under.Uai'd  it,  sir.  No  mi,re  coi  (.ircat 
IJritaiu  claim,  te.u  ;'.    eouiilry  upon  the  northwest 


led  to  us  by  Spain    is  emu 


m!)ere( 


I  in 


e.ir 


eoiist  ci  I 

hands   '       stijinlilioiis   whicli    S,.an    entei'Ld   into 

whilst  she  possessed  it. 

I5ui  li'ok,  sir,  to  a  part  of  the  lett(!r  nf  Alleyne 
I''it/hei-l>ert,  the  Hriiish  .Minister  at  Madrid,  to 
the  Count  Florid, i  lllaiica,  the  Spani.sh  .Ministi.'r, 
for  the  true  uuderrtaiidin^  and  real  view  wliieli 
Cireat  ilrii.ain  iheii  eiiti  itaiileil  ol'  this  iiuesti'iii.  Me 
says,  in  his  nply  lo  ihe  count'-  meuimial,  aftei- 
speakiii'^  of  the  reparation  to  v.liieh  Ennhuid  was 
tntilli  d  for  the  violence  at  Notuku: 

'•  Filially,  as  to  tiie  nature  of  the  .satisfaction 
*  which  the  Court  of  Londiin  exacts  mi  this  occa- 
'sion,  and  on  whieji  your  excellency  appears  to 
'  desire  some  e.xjihiuiuiim,  i  am  ua'hurhi.d,  sir,  to 
'  assure  you,  that  if  his  Catholic  Majesty  consents 
'  to  HI  ike  a  ikclaratitjii  in  lii.s  name,  beariii^  in  su!i- 
'  stance  that  he  had  detenuined  ii,  oHer  to  his  l]ii- 
'  tannic  Majesty  a  ju.<t  and  eijuitable  .sati.-;fa(^tioil  t'or 
'  the  iustill  offered  lo  his  _//.y,  .such  offer,  joined  to  a 
'  promise  of  makiaijj  restitution  of  t!ie  ve.s.sids  cap- 
'  lured,  and  to  iiukinnifij  Ike  pruprLturs,  uiider  the 
'  condilioii.s  specified  in  the  u.-lieial  letter  oi'  Mr. 
'  Mearcs,  on  the  IGtIi  of  M  ly,  will  I'U  n  yarded  by 
'  his  Britannic.  Majesty  as  roihirilnflw:;  in  llnlf  liic. 
^  salisfiiclioii  (liiiiitnile.d;  and  his  .vild  .Maji  sly  will 
'  accept  of  it  as  such,  by  a  counter  declaration  on 
'  his  part."' — {JjipeiuUx,  col.  8,  page  '31].) 

Florida  Blaiica  made  the  r.;i|uirid  declaratioii, 
whii.h  Fiizherbeit  accepted  l<y  his  promised  coun- 
ter declaration.  And  now,  sir,  wiiai doe's  t!ii:;  Ini:- 
ish  historian  say  of  the  wliale  jiroc.eedin^.'  Hear 
him,  sir: 

"But  thoujrh  En2;l.ind,  at  the  expense  of  tlirce 
'  millions,  extorted  I'rom  the  Spaniards  a  jiroinise 

♦  of  restoiatioii  and  reparation,  it  is  well  a.scertain- 

♦  cd — first,  that  the  settlement  in  (juestion  never  was 

♦  restored  by  Sjuvin,  uor  the  Spanish  flag  at  Noot- 

* 


'  ka  ever  struck;  and,  scei.n.lh;,  that  no  seiilrment 
•  has  ever  been  sul»HC(|ueiilly  att  ■mii'ed  by  I''n','lanil 
•mi  tlie  Califor  lia  euist.  'The  i  I.iim  of  ri;;hl  .set 
'  up  by  the  Com  I  of  London,  it  is  therefore  plain, 
'  has  been  virtually  ab.uiiloned,  notwith.staiidiii'.; 
'  t!ie  menac.iii,''  tone  in  which  the  iie,'olia;'oii  wan 
'  CMiiducled  by  the  Briiisli  idministration,  whoran- 
>  not  escape  some  censure  f  u'  enc.iur;v,'iiiLj//if  ff  rcxa  • 
'  liditH  ritrrouehiiii  Ills  on  the  tirritoi'uU  rijf/i/.f  of  Spain. " 
(.  liinniilix,  pp.  'Kl,  41.) 

What,  then,  .Mr.  President,  becofnes  of  the  ter- 
ritorial I'l.iiuis  of  (iieat  Miitain  u;i'>n  the  northwest 
(iia-'l;  since,  wh.Ue\er  liny  niiy  have  been  "prior 
'  to  the  c.onveniioii  of  I'M),  tliev  wi  re  from  thenci- 
'  forward  no  louLTcr  to  be  ir.icei!  in  va;^ue  narralivt^M 
'  ofdisciivi  rii's,  sevf  ral  of  them  admiited  to  beapoc- 
,  '  ryphal,  but  in  t'le  text  and  siipulatimis  of  thati'on- 
I  '  vention  itself,"  and  tiny  of  the  character  1  have 
shown  them  to  be,  on  the  authority  of  her  own 
historian.-i  and  her  own  pnlillshi  d  documents.' 

.Vnd,  sir,  it  may  be  ob.'erved   here,  that  if  these 

vie'.vs  of  ih.it  coineiilion  are  eironeous,  and  that 

Hnj,land  did  aetu  illy  acnuiie,  or  procure  the  reco;;- 

'  nitioii  of,  lerritoii.  .    'liims  there  by  this  eonveii- 

'  tion,  then,  sir,  it  •,  >  i,  well  be  insisted  such  claim, 

j  or  title,  <u'  whati  ver  it  may  be,  enured,  on  priii- 

I  ciplcs  of  iiti*  ual  et|uity  and   justice,  to  us  as  her 

assi:;nec,  t'  •    i:h  Vi.:;!iiia,  n"  ;he  whole  country. 

I       IjuI,  sir,  tliis  convenli'  II  liei.i^of  the  character  I 

I  have  stated  it  lu  be,  a  mere  internaiional  arranj^e- 

.  nient  fortradinviiurp'.es.oua  remote  ci 'a  st,  was  ab- 

j  minuted,  on  i>rnii  i  '.'es  of  I>ritish  law — and  I  prefer 

I  .tppeali.i'jj  to  that  in  a  controversy  of  this  nature — 

I  as  jirououni'ed  by  im  ■  of  Inr  most  distiiii^uished 

miiiister.s  and    stiili'.jmen,   Lor'l    I'.ilhurst,  in  the 

I  ne','oti;iiion  of  |S1,'>  between  l'>i:,da  id  :-'iil  tjie  Uni- 

;  t(  d  St. lies,  respedin'.;;  tin;  X^  ,vr>iiualland  fish?rieH, 

He  s.iid   "(ire  It  I'ritain  knows  of  no  exeeptioii 

to  th(>  rule  that  all  treaties  .iri'  put  an  end  to  ley  a 

siiLscijuent  v.ar  betw<;e!i  tie;  same  partie.-;,''     The 

j  war  of  17i)(),   between  Spain   anil  (Ireal   nritain, 

alirogateil   this  convention   therefore,  and   it  had 

never  hrr.w  reiiev,-ed.     No  su!ise([ueut  treaty  be- 

t'vvecii  those  Powe.'s  can  be  shown,  whii^li,  in  its 

terms,  or  by  its  tijiirit  and  iutentioii,  renews  tliia 

convention. 

The  mode,  a -I  piM''tIs 'd,  sir,  by  those  very  Pow- 
ers, of  reiiewin;:;  a  irerJy  al'iera  war,  is  by  an  ex- 
press recital  and  reiiewal  of  it  by  date,  or  p.irticular 
des.'ription  and  coniirmaiion.  Tliesecoiid  section 
of  ilie  treaty  of  Paris  of  Mi]'.],  so  ofteii  referred  to, 
in  wiiich  Great  Britain  and 


rene.v  treaiie.';.  It  is  in  thi.S 
;,  (!f  Wesipludiaof  IGIS;  tho.sc 
a  the  crowns  of  Great  Britain 


sir,  shows  the.  mod 
Siiain  and  I'raaci 
form;  *'  The  treaii 
'  of  .Madriil,  betwi 
'and  Spain  of  Kin"?  .md  KiTO:  the  treaties  of  jieaee 
'  of  rNim-'.^ucn  of  ](JTH  and  KiTl);  of  Ryswick  of 
'  l(i;)7:  timse  o!' pea 'e  and  of  commerce  of  Utrecht 
'  of  171.'};  that  of  Biden  of  1714;  the  treaty  of  the 
'  triple  alli.ui'C  of  the  II.i;^ue  of  17 '7;  that  of  t!io 
'  qn.idruji'e  alliance  of  Londoii  of  1718;  the  defmi- 
'  live  treaty  of  Viemia  of  M'.IS;  the  definitive  treaty 
'of  Aix-la-Chapeile  of  1748;  and  that  of  Madrid 
'  between  the  crowns  of  Great  Biitain  and  Spain 
'  of  17.')(J;as  well  as  the  treaties  betv.<.en  the  crowns 

j  '  of  Spain  and  Portugal  of  the  13tli  of  February, 
'  ICm,  of  the  Gth  of  l-'ebruary,  HIT),  and  of  the 

I  '  lath  of  February,  17(il,  and  dmt  of  the  11th  of 


10 


*  April,  1713,  between  France  and  Portugal,  with 
'  the  guaranties  of  Great  Britain,  serve  as  a  basis 

*  and  foundation  to  the  peace  and  to  the  present 

•  treaty;  and  for  this  purpose  they  are  all  renewed 
•and  confirmed  in  the  best  form,  as  well  as  the 

•  treaties  in  general  trhich  subsisted  betroeen  the  high 
'  contracting  parlies  before  the  ivar,  as  ij  ihey  were  in- 
'  serted  here,  word  for  icord,  so  that  they  are  to  be 
'  exactly  observedfor  the  future  in  their  whole  tenor," 
8fc. 

This,  sir,  is  the  regular  mode  of  reviving  treaties 
■which  have  been  abrogated  by  a  war — not  by  si- 
lent inference,  Inilby  express  recognition  »nd  enu- 
meration; for  ill  this  mode  all  doubt  and  uncer- 
tainty as  to  the  intention  of  the  parties  is  removed. 
The  treaty  of  Madrid,  of  1814,  did  not,  nor  was 
it  intended  to,  revive  the  Nootka  convention,  or 
any  commercial  treaty  or  internatioiuU  arrange- 
ment which  war  had  terminated,  except  those  re- 
lating to  commerce  between  Great  Britain  and  Old 
Spain,  not  including  her  American  colonies  or  dis- 
tant possessions;  for  one  clause  of  that  treaty  stip- 
ulates, if  til'  trade  is  opened  to  her  colonies,  Eng- 
land shall  be  placed  on  the  footing  of  the  most  fa- 
vored nation  m  respect  to  it.  How,  then,  it  may 
well  be  inquired,  can  "  the  text  and  stipulations  of 
the  Nootka  convention,"  which  did  not,  virtually, 
grant  anything  to  Great  Britain,  but  merely  permit- 
led  British  subjects  to  settle  for  trading  purposes 
upon  the  northwest  coast,  and  did  not  even  grant 
to  them  the  fee  simple  of  their  settlements,  be  now 
regarded  as  such  a  foundation  of  title  in  Great  Brit- 
ain as  to  justify  her  in  demanding  of  us,  who  have 
succeeded,  by  fair  purchase,  to  all  the  rights  of 
Spain,  a  division  of  the  country?  With  equal 
propriety,  sir,  might  a  tenant  at  will,  or  at  suffer- 
ance, who  has  occupied  the  premises  of  another 
under  a  Ucense  unmolested  for  a  series  of  years, 
demand  of  the  proprietor,  on  receiving  a  notice  to 
quit,  a  partition  of  the  farm,  or  the  occupied  field. 
I  insist,  therefore,  sir,  in  view  of  all  these  facts, 
arguments,  and  inferences,  that  Spain  had  not  en- 
cumbered her  title  before  ahe  passed  it  to  us.  It 
was  not  affected  by  the  convention  of  Nootka, 
and  our  title  through  Spain  is  therefore  "  clear  and 
unquestionable." 

I  insist,  also,  Mr.  President,  that  there  is  great 
propriety  and  manifest  justice  in  according  to 
Spam  all  the  benefits  of  these  principles  of  British 
law  to  which  I  have  referred,  and  which  Great 
Britain  had  forced  all  nations  to  acknowledge;  be- 
cause Spain  had,  for  many  years,  made  it  a  prom- 
inent feature  in  her  policy  to  originate,  and  at  great 
expense  promote,  voyages  of  discovery  through- 
out the  wnole  extent  of  the  northwest  coast.  So 
important,  sir,  Avas  this  object  in  her  view,  and  so 
deeply  was  it  ingrafted  upon  her  system,  that  she 
erected  a  distinct  department,  (called  the  Marine 
Department  of  San  Bias,)  purposely  to  conduct  ex- 
plorations and  surveys  of  the  northwest  coast  of 
America.  She  made,  sir,  all  the  most  important 
discoveries  on  that  coast,  and  named  its  rivers, 
bays,  capes,  and  headlands,  and  followed  up  her 
discoveries  by  such  settlements  as  were  suited  to 
her  then  condition;  or  if  no  settlements  followed, 
continual  clai'-i  was  made,  which  no  nation  ques- 
tioned. And  why,  sir,  I  would  ask,  were  we  not 
entitled  to  the  benefit  of  this  as  claimants  under 


Spain  of  that  very  title  which  these  acts  of  hers 
originated? 

As  to  the  true  exposition  of  the  public  law,  sir, 
upon  the  question  of  title  arising  from  discovery 
only,  nothing  conclusive  can  be  urged.  Wl; 
have  seen,  sir,  how  Great  Britain  has  under- 
stood and  enforced  it.  It  cannot  be  contended,  sir, 
in  any  view  of  the  question,  that  a  nation  is  bound 
forthwith  to  follow  up  a  discovery  by  settlement. 
As  to  that,  her  condition,  the  exigencies  of  tlu 
State,  must  be  considered;  but  .she  must  do  sonn 
act  which  will  be  notice  to  the  world  that  she  i; 
determined  to  appropriate  the  discovery  to  herself. 
What  particular  act  this  shall  be,  is  not  settled. 
It  must,  in  the  nature  of  the  subject,  depend  on  very 
many  circumstances — no  invariable  rule  can  be  ap- 
plied. Yet  some  act  must  be  done,  evincing  this- 
design  of  appropriation;  but  at  what  time,  must 
always  be  an  open  question.  Spain  did  as  much 
to  notify  the  world  of  her  intention  as  any  other 
nation,  that  is  certain,  which  had  originated  dis- 
coveries. 

Another  view  of  this  convention,  Mr.  President, 
as  a  foundation  of  claim  by  Great  Britain,  may 
with  propriety  be  urged.  Whilst  it  was,  as  now 
alleged  by  Gretit  Britain,  in  full  force,  why  did  .she. 
in  1818,  before  we  had  acquired  the  Spanish  title, 
voluntarily  enter  into  the  convention  with  us  on  the 
20th  of  October  of  that  year,  so  inconsistent,  as  it 
is,  with  her  engiigements  with  Spain  under  the 
Nootka  convention?  And  why  did  she  not  base 
her  pretensions  at  that  time,  as  she  does  now,  on 
its  "texts  and  stipulations,"  and  not  on  "vague 
narratives  of  discoveries,  some  of  them  admitted  to 
be  apocryphal?"  If  she  really  believed  the  con- 
vention of  Nootka  was  in  force  at  that  time,  it  is 
incomprehensible  that  she  should  not  have  urged 
it.  By  neglecting  to  do  so,  sir,  these  inferences 
are  fair  and  rational :  1st.  That  Great  Britain  no 
longer  considered  it  in  existence  or  binding  upon 
her;  otherwise,  she  could  not  have  violated  her  ob- 
ligations to  Spain,  by  covering  the  same  ground 
in  a  treaty  with  another  Pov/er.  2d.  That,  by 
transferring  her  obligations  from  Spain  to  the  Uni- 
ted States,  Great  Britain  thereby  acknowledged  a 
right  in  the  United  States,  independently  of  Spain, 
as  existing  in  virtue  of  our  well-known  prior  dis- 
covery, exploration,  and  settlement.  This  con- 
vention of  Nootka,  supposed  by  Great  Britain  in 
1818  to  be  extinct  and  not  alluded  to,  was  made 
an  element  in  the  controversy,  by  our  own  Minis- 
ter in  1824,  who  brought  it  forward  under  instruc- 
tion from  his  Government. 

Thus  forbearing,  sir,  in  1818,  to  present  her 
claims  under  the  Nootka  convention.  Great  Brit- 
ain can  now  repose  on  no  other  right  than  that, 
gratuitously,  without  any  equivalent  whatever, 
granted  to  her  subjects  by  the  convention  with 
us  of  that  year,  anti  indefinitely  continued  by  the 
convention  of  the  6th  of  August,  1827;  fbr  by  the 
conclusion  of  the  former  treaty,  she  considered 
and  treated  that  of  1790  with  Spain  as  a  nullity, 
and,  thus  regarding  it,  it  follows,  as  a  necessary 
and  inevitable  consequence,  that,  as  by  her  own  oc- 
knmcledgment  tee  were  the  party  in  possession,  the 
right  of  sovereignty  resided  in  the  United  States. 

Should  it  be  necessary,  Mr.  President,  to  adduce 
strong  circumstantial  proof  of  the  conscious  wart 


V 

* 

I 


11 


se  acts  of  hers 

public  law,  sir, 
from  discovery 
urged.      Wv. 
un  has  under- 
contended,  sir, 
nation  is  bound 
/  by  settlement, 
igencies  of  tin 
must  do  sonif 
orld  that  she  h 
very  to  herself. 
i,  is  not  settled, 
depend  on  very 
rule  can  be  ap- 
;?,  evincing  thi^ 
^hat  time,  must 
in  did  as  much 
>n  as  any  other 
originated  di.s- 

,  Mr.  President. 

at  Britain,  may 
it  was,  as  now 

i^e,  why  did  she. 

le  Spanish  title. 

n  with  us  on  th( 

consistent,  as  it 
ipain  under  tht 
id  she  not  bast 
le  does  now,  on 

not  on  "vague 
hem  admitted  tc 
Elieved  the  con- 
t  that  time,  it  is 
I  not  have  urged 
these  inferences 
Ireat  Britain  no 
or  bindin?  upon 
violated  her  ob- 
6  same  ground 
2d.  That,  by 
pain  to  the  Uni- 
jcknowledged  a 
Jently  of  Spain, 
lown  prior  dis- 
:nt.    This  con- 
ireat  Britain  in 
1  to,  was  made 
our  own  Minis- 
I  under  instruc- 

to  present  her 
on.  Great  Brit- 
ight  than  that, 
lent  whatever, 
mvention  with 
•ntinued  by  the 
327;  fbr  by  the 
she  considered 
1  as  a  nullity, 
IS  a  necessary 
I  by  her  own  ac- 
possession,  the 
ted  States. 
dent,  to  adduce 
conscious  wart 


of  claim  of  Great  Britain  to  any  part  of  the  north- 
■weslcoiLst  south  of  54*^  40',  derived  from  whatever 
source  she  may  now  choose  to  select,  it  may  be 
found,  sir,  in  the  most  solemn  jmd  imi)osing  form. 
By  the  convention  between  the  Unitco  States  and 
Rus.sia,  made  on  the  17th  of  April,  1824,  it  was 
agreed  that  she  should  make  no  settlement  south 
of  54°  40'  north  latitude,  and  we  none  north  of 
that  parallel.  It  is  a  fact,  in  the  history  of  that 
transaction,  that  it  was  contemplated  to  have,  at 
that  time,  a  joint  convention  between  Eni:;la!id, 
Russia,  and  the  United  States;  but  after  the  an- 
nunciation by  President  Monroe  of  the  non-colo- 
nization principle,  in  regard  to  this  continetit,  it 
was  abandoned,  and  separate  conventions  were 
framed.  Great  Britain  being  thus  aware,  sir,  of 
this  arrangement  between  us  and  Russia,  and 
wishing  to  secure  the  sovereignty  and  possession 
of  a  part  of  that  coast,  entered  into  negotiations 
with  Russia  for  that  object;  and  by  the  convention 
of  the  28th  of  February,  1825,  more  than  ten 
months  after  the  date  of  the  convention  between 
the  United  States  and  Ru.ssia,  Great  BriUiin  ac- 
cepted a  stipulation  restricting  her  to  the  coast 
lying  between  54°  40'  and  56°  of  north  latitude. 
In  thus  accepting,  sir,  this  restriction  on  the  south, 
cither  Great  Britain  tacitly  relinquished  any  pre- 
tensions to  interfere  with  the  territory  of  the  Uni- 
ted States,  or  the  Russian  Government  undertook 
to  prevent  such  interference  (so  far  as  she  could 
do  it  by  treaty)  with  the  rights  of  the  United 
States,  so  recently  acknowledged  by  herself,  under 
the  solemnity  of  treaty  forms.  The  former  is  to 
be  presumed,  sir,  rather  than  the  latter;  and  a  mag- 
nanimous spirit  would  attribute  such  acknowledg- 
ment by  the  British  Government  to  a  conscious- 
ness of  the  superior  title  of  the  United  States  to  that 
territory  above  all  other  nations,  we  having  then 
the  entire  Spanish  title,  rather  than  to  the  tame 
submission  of  a  nation  possessing  a  power  more 
extensive  than  that  of  Rome  in  the  plenitude  of 
her  glory. 

It  may  be  said,  sir,  that  the  arrangement  be- 
tween Great  Britain  and  Russia  did  not  affect  any 
conflicting  claims  as  between  Great  Britain  and 
tlic  United  States  to  any  territory  south  of  54°  40'; 
but  the  value  of  this  suggestion  will  be  propeily 
appreciated,  sir,  when  it  is  considered,  that  in  the 
negotiations  between  the  United  States  and  Russia 
no  notioe  was  taken  by  either  party  of  any  claim 
whatever  of  Great  Britain  to  any  part  of  that  terri- 
tory; which,  it  is  not  to  be  supposed  would  have 
been  the  case,  had  any  known,  well-foundftl  claim 
on  the  part  of  Great  Britain  existed.  A  nation  of 
her  power  would  scarcely  have  been  treated  with 
so  much  indifference,  not  to  say  disregard,  by  the 
other  contracting  parties. 

Moreover,  sir,  had  Grep.t  Britain  considered  her- 
self in  1824  as  possessing  any  right  over  the  terri- 
tory south  of  54°  40',  or  \v\d  she  considered  her'-cif 
as  having  "  a  claim  not  in  respect  to  any  part,  bui 
to  the  whole,  limited  to  a  right  of  joint  occupancy 
in  common  icith  oilier  States,  leaving  the  right  of  do- 
minion in  abeyance,"  it  is  not  to  be  imagined,  as 
observed  by  the  present  distinguished  Envoy  of 
Great  Britain  to  our  Government,  (in  speakina;  of 
the  pretensions  .)f  Spain  to  the  same  territory,)  that 
Great  Britain  "  would  have  passively  Bubniilted 


'  to  see  the  contending  claims  of  [Russia]  and  the 
'  United  States  to  a  portion  of  that  territory  the  sub- 
'ject  of  formal  diplomatic  transactions  between 
'those  two  nations. 

It  was  important,  sir,  to  the  interests  of  the  United 
States  that  an  arrangement  of  this  kind  should  be 
made  with  Russia  after  we  had  succeeded  to  the 
title  of  Spain,  as  Russia  had  eiirht  establishnienta 
on  that  coast  of  very  considerable  antiquity  at  58 
and  59  degrees  north  latitude,  composed  of  several 
hundred  individuals,  and,  on  the  principles  of  con- 
tiguity and  continuity,  might  well  have  claimed  a 
more  southern  boundary ;  and  she  was  the  only  Pow- 
er whose  pretensions  we  might  have  found  difficult 
to  resist,  being  coterminous  with  us  in  our  exten- 
sion north  on  the  same  principle  of  continuity;  for 
it  is  admitted,  sir,  on  all  sides,  that  the  claim  of 
Spain  to  Nootka  at  49°  30'  is  good,  by  virtue  of 
her  settlement  there,  madein  1789.  Russia,  then, 
extending  south  from  59°,  and  the  United  States, 
under  Spain,  north  from  Nootka,  would  bring  the 
line  very  near  the  paralh  1  of  54°  40',  which  these 
parties  did  in  fact  establish. 

Believing,  Mr.  President,  the  grounds  set  forth 
to  be  conclusive  of  the  title  of  the  United  States  to 
the  territory  in  question  from  latitude  42°  to  54° 
40'  north,  I  do  not  deem  it  necessary  to  enter  into 
a  di.scussion  of  many  considerations  pertaining  to 
the  case  which  have  been  brought  to  onr  view  by 
the  able  efforts  of  distinguished  diplomatists.  It 
may,  however,  sir,  not  be  inapprojjnate,  as  in  close 
connexion  with  this  subject,  and  as  having  a  favor- 
able bearing  upon  our  title,  to  notice  the  just  re- 
marks of  Lord  Bathurst,  in  his  communication  to 
our  Secretary  of  State  of  the  .lOtli  of  October,  1815, 
discussions  being  then  pending  as  to  the  effect  and 
operation  of  the  treaty  of  Ghent,  but  a  short  time 
previously  concluded: 

"  It  will  not  be  denied,"  he  said,  "  that  the  main 
'  object  of  the  treaty  of  Ghent  was  the  mutual  res- 
'  toration  of  all  territory  taken  by  either  party  from 
'  the  other  during  the  war.  As  a  necessary  consc- 
'  quence  of  such  a  stipulation,  each  parly  reverted  to 
« their  boundaries  as  b(Jhre  the  icar,  icithout  reference 
•  to  the  title  by  which  Ihoae  possessions  were  acquired, 
'  or  to  the  mode  in  ic/iic/t  their  boundaries  had  been 
^  previoushj  fixed.  In  point  of  fact,  the  United  States 
'  had  before  acquired  possession  nf  territories  asserted  to 
'  depend  on  other  lilies  Ihan  those  inhich  Great  Britain 
'  could  confer.''^ 

Again  he  says:  "  It  is  justly  stated  by  the  Amer- 
<  ican  Minister,  that  the  United  States  did  not 
'  need  a  new  grant  of  the  boundary  line.  The  war 
'  did  not  arise  out  of  a  contestect  boundary;  and 
'Great  BriUiin,  th(U-efore,  by  the  act  of  treating 
'  with  the  United  States  rccogni-ed  that  nation  in  its 
\former  dimensions,  excepting  so  far  as  the  jus  belli 
'had  interfered  with  them;  and  it  was  the  object 
'  of  the  treaty  of  Ghent  to  cede  such  rights  to  tcr- 
'  ritory  as  the  jus  belli  had  conferred." 

Those  remarks,  sir,  applied  to  the  condition  of 
the  question  concerning  the  territory  of  Oregon, 
will  be  seen  to  have  a  peculiar  and  powerful  force. 

The  jus  belli,  sir,  had  given  to  Great  Britain  the 
American  settlement  of  Astoria  at  the  mouth  of  the 
Columbia  river — the  symbol  of  our  sovereignty 
and  title  there — the  rightful  possession  of  which 
had  been  acquired  by  us  previously,  and  rested  on 


12 


"  other  tillca  tlmn  those  which  Gvpnt  13ritain  roiild 
confer."  The  nmin  object  of  the  treaty  of  Ghent 
was,  "  the  mutual  restoration  of  «// territory  taken 
by  either  party  from  the  oilier  during  tlie  war." 
The  United  States  claimed  title  to  the  whole  terri- 
tory in  virtue  of  discovery,  exploration,  and  .settle- 
ment, in  their  own  rijjiht,  and  by  cession  from 
France;  and  "  without  reference  to  the  title  by 
which  it  was  acquired,"  they  reverted  to  the  right 
as  it  existed  before  the  war.  Before  the  war,  sir, 
we  had  exclusive  po.sscssion  of  the  territory  of 
Oregon— of  distinct  parts  in  the  name  of  the  whole. 
By  the  war  we  lost  it;  and  by  the  unconditional 
surrender  of  this  part,  on  the  6th  "'' October,  1818, 
without  any  reservation  whatever,  we  were  from 
that  moment,  again  in  leeal  contemplation,  in  the 
exclusive  po.ssession  and  became  sovereigns  de  fac- 
to if  not  dejure,  of  the  whole  country  claimed;  the 
British  Government,  tlirougli  their  authorized  func- 
tionary, admitting,  "  in  the  most  ample  extent,  our 
right  to  be  reinstated,  and  to  be  the  parly  inpossen- 
sion  while  treating  of  the  title."  Great  Britain  is 
estopped  from  denying  o\ir  right  to  be  in  jiosscs- 
sion  by  her  own  acknowlcdgnient;  she  cannot  now 
contest  it.  This  right  of  possession,  sir,  we  now, 
and  from  thence,  have  wholly  enjoyed;  and  we 
cannot  be  deprived  of  the  right,  except  by  force  or 
by  a  voluntary  cession  on  our  part.  Having  thus, 
sir,  our  sovereignly  acknowledged,  fourteen  days 
after  the  restoration  of  Astoria,  on  the  20lh  of  Oc- 
tober, 1818,  without  any  equivalent  whatever — un- 
less the  concessions  in  the  first  article  of  the  con- 
vention of  that  date  were  intended  by  the  high 
contracting  parties  as  an  equivalent — wo  agreed 
with  Great  Britain,  that  this  territory  "sl'.all,  to- 
'  gether  with  its  harbors,  bays,  and  creeks,  and 

•  the  navigation  of  all  rivers  within  the  same,  be  free 

•  and  open  for  the  term  of  ten  years  from  the  date 
'  of  the  signature  of  the  (jrescut  convention,  to  ihe 

•  vessels,  citizens,  and  subjects  of  the  two  Powers ; 

•  it  being  well  understood  that  this  agreement  is 
'  not  to  be  construed  to  the  prejudice  of  any  claim 

•  which  either  of  the  two  high  contracting  parlies 
'  may  have  to  any  part  of  the  said  country,  nor 
'  shall  it  be  talcen  to  afl'ecl  the  claims  of  any  other 

•  Power  or  State  to  any  part  of  the  said  conntrv; 

•  the  only  object  of  the  high  contracting  parties,  in 

•  that  resjiecl,  being  to  prevent  disputes  and  dilTcr- 
'ences  among  thcms(;lvcs. " 

This  convention,  sir,  it  will  be  perceived,  ad- 
mits no  claim  on  the  part  of  Great  Britain  to  a  foot 
of  territory  there — no  sovereignty,  no  right  of  soil, 
no  territorial  jurisdiction  whatever.  It  is  a  mere 
easement  granted  to  Great  Britain  for  the  sole  pur- 
pose of  preventing  disjiutes  and  dilVerences  between 
the  parties  through  collisions  among  their  citizens 
and  subjects,  and  originated  in  motives  of  policy. 
British  traders,  after  the  ca])ture  in  181,1,  souglit 
the  country  in  great  numbers,  enriching  tlicniselves 
from  its  wild  iiniductioiis,  with  wlnvin  our  own 
citizens,  allured  by  the  same  object,  might  come 
in  collision,  from  which  angry  disputes  and  na- 
tional dillicultics  niigiit  ensue.  It  was  deemed  pol- 
itic, sir,  under  such  circumstances,  to  license  this 
use  of  the  country  (<ir  ten  ycuis,  as  it  was  not  then 
needed  for  any  national  purpose,  or  expected  at 
that  day  ever  to  become  an  important  a]tpen(hic'e 
to  our  Union.     I  shall  not  say 


sir,  thai  this  con- 


vention was  not  a  wise  arrangement  at  the  time  it 
was  entered  into.  No  right  in  Great  Britain  is 
acknowledged  by  it.  There  is  no  such  idea  in  any 
part  of  the  instrument;  no  recognition  ex|)ressed  oi 
implied  of  a  right  in  Great  Britain  to  any  part  or 
the  country.  And  at  that  time,  too,  sir,  we  had 
not  the  Spanish  title  upon  which  to  repose,  nor  in 
other  respects  were  we  then  in  a  condition  to  assert 
more  resolutely  than  we  did  our  right  as  against 
Great  Britain,  independent  of  the  title  of  Spain. 
It  was,  perhaps,  sir,  .sufficient  for  us  at  that  time 
to  have  our  right  of  jiosscssion  acknowledged  by 
that  Power.  The  ten  yeyrs  being  about  to  expire, 
the  term  was  indefinitely  extended,  very  tinwisely 
I  think,  sir,  in  view  of  our  then  altered  circum- 
stances, by  the  convention  of  the  6th  of  August, 
1827,  which  we  now  seek  to  abrogate;  and  when 
abrogated,  W'e  are  for  the  third  time  in  the  exclu- 
sive possession  of  the  country  as  its  legitimate 
sovereign;  a  trespass  upon  v/hich,  wilfully,  and  by 
force,  by  any  other  Power,  would  be  an  act  of  war, 
to  be  treateil  accordingly.  ?Iavin<r  the  right  to  i)e 
the  party  in  possession,  on  the  (ulmissiun  of  Great 
Britain  through  Lord  Casflereairh  in  181H,  that 
right  must  nece.'-sarily  be  exclusive.  Great  Brit- 
ain will  have  no  right  to  occupy  any  part  of  the 
country;  for  if  we  are  of  right  the  party  in  posses- 
sion, she  cannot  be  there  cxi-ept  wrongfully.  Such 
subjects  of  a  foreign  Power  as  shall  choose,  after 
that  event,  to  remain  in  the  country,  would  neces- 
sarily become  subject  to  our  laws  and  jurisdiction; 
and  on  taking  the  oath  of  allf^giance,  would  share 
with  our  own  citizens  all  the  benefits  of  our  na- 
tionallibcrality,  as  grantees  of  hinds,  and  participate 
in  the  advaiiiages  humanity  derives,  of  whatever 
country  or  creed,  from  our  much-cherished  and 
free  institutions. 

I  think,  sir,  the  time  has  arrived  when  this  con- 
vention shouiil  be  terminated;  and  I  had  hoped  we 
would  have  voted  upon  the  proposition,  without 
debate,  with  great  unanimity  and  promptitude. 
At  present,  sir,  altiiough  we  have  the  a>  know- 
ledged  right  of  possession  to  the  territory  of  Ore- 
gon., in  the  greater  pju-t  of  if, — in  all  of  it  north  of 
the  Columbia  river,  except  a  small  American  set- 
tlement at  Bulfiiich's  Harbor,  Great  Britain,  by 
her  .subjects  and  her  churtered  power,  is  in  the 
actual  and  exclusive  possession.  So  exclusive 
was  this  Jiosscssion,  that  the  northern  bank  of 
that  river  was  known  and  called  the  "  British 
side,"  and  the  opposite  bank  the  "American  side." 
Our  own  citizens,  Mr.  President,  derive  no  benefit 
whatever  from  this  convention:  idl  the  ndvantngts 
are  on  the  side  of  British  su'gccts;  imkI  wc,  at  the 
same  time,  the  Ir.ie  owners  of  the  w!:olc  coun- 
try. This  being  the  c;ise,  sir,  unless  we  t-ike  some 
decided  action  in  order  to  obtain,  on  our  nari,  that 
exclusive  possession  w-hidi  belongs  to  the  right, 
they  will  continue  to  derive  these  benefits,  to  the 
exclusion  of  aur  citizens.  It  seems  to  me,  there- 
fore, sir,  the  advaiileges  being  all  on  the  side  of 
Great  Britnin,  unless  we  give  the  notice,  unless 
we  express  a  desires  to  tenninale  tin- convention,  it 
will  never  lie  terniiiiaKd  by  Great  IJritnin.  Ni>tire 
will  never  come  from  that  side,  sir.  Sjie  hcs  all 
she  desires,  as  things  now  stand,  and  has,  there- 
fore, no  slimulniit  to  act.  She  will  not  tiike  ilie 
initiative.     She  does  not  desire  to  be  remitted  to 


\ 


It 


t  at  tlic  time  it 
»mit  Britain  is 
iK.'Ii  idra  in  any 
M  expressed  oi 
to  any  part  or 
Oi  sir,  we  had 
repose,  nor  in 
c'ition  to  assert 
irlit  as  n2;ainst 
title  of  Spain. 
s  at  that  time 
no\vIe(li,red  hy 
lout  to  expire, 
very  unwisely 
illcred  rircum- 
Sth  of  Aug))st, 
ate;  and  when 
in  the  exclu- 
its  legitimate 
lfiilly,'and  by 
an  a<;t  of  war, 
the  riuht  to  he 
issiun  of  Great 
in   LSJ8,  that 
-.     Great  Brit- 
ny  part  of  the 
arty  in  pospes- 
",':rnilly.    Sueh 
1  ehoose,  after 
',  would  neces- 
id  jurisdiction; 
0,  would  share 
Tits  of  m\r  ua- 
and  participate 
's,  of  whaiever 
clierislied  and 

when  this  ron- 

liad  hoped  we 
f^ition,  without 

promptitude. 
:;  the  a«Jff|ow- 
•ritory  of  Orc- 
I  of  it  nortii  of 
American  sct- 
^t  Britain,  by 
wer,  is  in  the 

80  exclusive 
hern  bnuk  of 
liie  "  15riti^;h 
ucrican  side." 
•ive  no  Ijenefit 
lie  a(lvantn;rfs 
'lid  we,  at  "the 

wliole  eoi:n- 
wc  fiike  some 
<»"i"  I'iui,  tliat 
to  tlie  ri'j;ht, 
encfiis,  to  ilic 

to  tvie,  iltere- 
!iM  the  .'-ide  of 
lofice,  luikss 
'onveiition,  it 
itain.  IVotico 
She  lii's  all 
d  has,  till  re- 

not  tid<e  ihe 
e  remitted  to 


her  ori'^inal  barren  pretensions;  whilst  we  en- 
counter no  dan5;er,  by  reposing  upon  a  title  "  the 
best  in  existence."  And,  as  was  said  the  other 
day  by  the  Senator  of  Ma.ssachusetts,  [Mr.  Web- 
8TKn,]  it  cannot  give  offence  to  Great  Britain,  be- 
in»  but  in  accordance  with  a  treaty  Htipulation;  and 
I  will  add,  sir,  she  would  have  no  ri!:^iit  to  demand 
the  reason  for  such  action  on  our  part,  nor  would 
we  have  the  riu^hl  to  ask  of  her  the  reasons  should 
she  choose  to  i^'we  tiie  notice,  but  receive  it  in  amity 
should  it  come  from  that  Power.  This  convention, 
sir,  is  an  oljstacle  in  our  path  of  progress,  and  we 
must  get  rid  of  it.  So  long  as  it  exists,  we  can  do 
nothing  effective;  we  cannot  extend  our  laws  in 
their  inost  ample  scope  over  tiie  country  for  the 
protection  of  our  citizens  there;  we  cannot  erect 
means  of  defence  or  of  refuge;  wc  cannot  make 
grants  of  land  in  fee  to  the  settlers  who  are  now 
there  in  thousands,  reposing  with  confidence  upon 
the  firmness  and  justice  of  a  Government  they 
dearly  love;  in  short,  sir,  we  can  do  no  elfective  act 
whilst  the  convention  exists.  By  abrogating  it, 
we  arc  at  ouce  enn!>l''d  to  exercise,  in  the  fidlest 
extcMt,  any  act  of  soverci'rnty  we  may  desire — it 
will  restore  us  to  freedom  and  enable  us  to  pursue 
such  a  course  for  our  own  interest  as  we  may 
choose,  in  our  wisdom,  to  adopt.  If  we  do  not 
titke  thi.-i  course,  if  we  do  not  give  this  notice,  if  we 
allow  things  to  remain  as  they  iu"e,  there  is  mani- 
fest (lunger,  before  the  lapse  of  many  years,  that 
ditficulties  will  so  grow  up  and  thicken,  that  a  war 
m :<y  I'c  the  result;  or  else,  that  a  covintry,  favored 
bv  Providence  iieyond  tdmost  all  others  in  all  the 
great  essentials  of  human  happiness,  and  so  neces- 
sTry  to  us  in  an  enlarged  vi(!w  of  our  future  des- 
tiny, mty  become,  by  our  unpardonable  neglect,  an 
independent  nation  under  some  forei^jn  guaranty, 
a:)d  possessed  of  elements  and  a  jiosition  well  cal- 
culated to  annoy  and  embarrass  us  hereafter.  Sir, 
there  are  strong  indications  of  a  desire  in  several 
quarti'rs  tliat  such  sluntld  be  its  destiny.  It  is  the 
opinion  of  gentlemen  of  <rreat  intelligence,  high 
cliaracler  and  influence,  that  it  is  not  possible  th;H 
Oregon  should  long  continue  to  be  an  appendage 
of  our  Government,  but  must  be  independent. 

I  think  differently,  sir,  if  we  do  our  duty.  I 
think,  as  it  is  an  integral  and  most  important 
part  of  our  empire,  we  should  be  awalvc  to  its 
preservatii'n.  If  we  are  mindful  of  this  eerm 
the  enterprise  of  our  peojile  has  planted  o!i  the 
shores  of  the  Pacific,  if  we  nurtin-e  it  ami  cherish 
if,  as  it  sliould  benurttu'ed  anil  cherished,  bestr.w- 
ing  upon  it  our  kind,  protecting  care,  it  cannot  but 
grow  in  beautj'  aiul  ex[>i\n(l  in  strenirtti,  nnd,  de- 
riving iis  sustenance  from  the  parent  stem,  will 
flourish  with  it  in  undying  verdure. 

k  depends  upon  ourselves,  whether  this  coun- 
trj'  shnll  remain  with  us  or  not.  Its  destiny  is, 
under  Providence,  in  our  own  power,  and  we  eti- 
countor  a  most  weighty  and  fearful  responsiltility, 
if  by  any  supineness,  timidity,  or  want  of  resolu- 
tion on  our  tiart,  its  preservation  shall  be  jeopard- 
ed, and,  in  the  end,  lost  to  us  f(u-ever. 

If  it  was  pro|ier,  sir,  in  the  nascent  state  of  the 
Atlantic  cohmies,  f()i-(jreat  Britain  to  assert,  and 
prose'-ale,  avid  establish  by  f'ur.'e  of  arms,  and  by 
arguments  tVom  the  cannon's  mouth,  the  principles 
she  did  establish  for  the  cxlcnyion  of  her  territory, — 


how  much  more  proper  and  neces?sary  is  it  for  us, 
sir,  in  this  our  age,  with  all  the  improvements  in 
mechanical  philosophy  and  the  arts,  by  which 
space  is  annihilated  and  di.stance  measured,  not  by 
miles  but  by  minutes,  with  our  teeming  millions  on 
the  vast  plains  of  the  West,  in  reach  of  the  Pacific — 
many  thousands  of  whom  have  gone  to  settle  upon 
its  shores  and  upon  the  fertile  banks  of  its  rivers — 
that  the  full  benefit  of  this  principle  of  Briti.sh  law 
should  be  claimed  by  us,  and  we  be  as  ready  and 
as  willing  to  contend  for  it,  even  unto  war,  as  she 
was,  with  ouraid, against  France.  And  why  should 
we  hesitate  to  take  the  initiative  of  measures  which 
will  force  her,  sir,  to  acknowledge  her  own  doc- 
trine? The  judgment  of  the  civilized  world  will 
be  pronounced  against  her  shoidd  she  disavow  the 
doctrine,  and  the  sin  of  a  war,  should  one  follow, 
will  lie  heavy  on  her  soul. 

Relying,  Mr.  President,  on  the  principle  of  pub- 
lic law,  as  to  territorial  rights,  taught  us  on  the 
Heights  of  Abraham  and  on  Braddock's  field.  Great 
Britain  will  have  no  reason  to  complain  if  we  urge 
them  against  her,  who  originated  them  and  gave 
them  currency.  And,  sir,  when  Oregon  shall  be 
filled  with  our  peoplt,  (as  it  soon  will  be  if  thi.o  Gov- 
ernment is  true  to  its  own  interests,)  no  apprehen- 
sions of  any  foreign  ir  truder,  under  what  flag  so- 
ever he  may  seek  to  mai:e  his  entrance,  need  be  en- 
tertained. It  is  our  true  policy,  then,  sir,  to  give 
the  notice,  and  assert  and  maintain  the  principle  of 
British  law  which  Englni;d  is  estopped  from  de- 
nyinff,  and  wliich  establishes  our  title  to  the  Rus- 
sian line.  If,  however,  sir,  I  could  be  made  to  be- 
lieve that  the  eflect  of  the  notice  would  be,  as  has 
been  intimated,  to  place  our  Government  in  a  posi- 
tion to  comproi\use  our  undoubted  right,  upon  any 
other  line  south  of  that,  1  would  vote  against  it, 
and  fall  back  upon  the  "masterly  inactivity  "of  the 
Senator  of  South  Carolina,  [Mr.  Calhoun,]  as  the 
wisest  policy,  and  leave  to  time  to  accomplish  the 
great  oi)jeet  to  which  the  whole  American  heart  is 
so  earnestly  and  truly  devoted.  But,  sir,  I  have 
full  faith  in  the  prudence,  firnmess,  and  sagacity  of 
Ihe  Executive,  and  do  not  anticipate  any  such  ca- 
lamitous result.  I  do  not  sutler  myself  for  a  mo- 
ment to  believe  that  he  will  violate  his  published 
pledges.  No,  sir;  1  heve  implicit  faith  in  him,  and 
'  that  he  will  so  act  on  this  and  on  all  other  great  oc- 
'\  cusions,  in  which  the  interests  and  honor  of  his 
,  country  are  involved,  as  to  command  the  unqual- 
ified approbation  of  tlmsc  who  have  raised  him  to 
j  his  present  elevated  position. 

("onsidcM-ing,  sir,  the   contiguity  of  Oregon  to 

I  our  western  seitletnents,  and  as  the  oidy  vent, 

'  westwaid,  of  (he  vast  surplus  productions  of  the 

rich  liasin  of  the  Mississippi  to  the  shores  of  Asia 

with  her  millions  of  iidiabitants,  and  its  acce.ssi- 

!  bilitv  iiy  railroads  from  the  Atlantic  States,  bring- 

i  ing  them  also   into  close   proxiinity  to  the  same 

j  great  markets;  and  considering,  also,  that  our  re- 

I  fuiblic  opens  her  public  domain  to  the  over-popu- 

j  lated  countries  of  Eur<ipe,  and  offers  to  all  who 

may  seek  it  cheap  fee-simple  farms,  and  the  full 

I  enjoynient  of  our  free  institutions,  we  cannot  be 

ch.arired,  sir,  in  desiring  to  possess  Oregon,  with 

selfish  lu- ambitious  views,  or  with  a  spirit  of  mere 

territorial  aggrandizement;  but  the  impartial  and 

the  just  will  sec  in  it  a  desire  only  to  extend  more 


14i 


widely  the  area  of  human  freedom,  and  diffuse 
more  broadly  the  means  of  liuman  happiness — as 
an  extension,  sir,  of  that  grand  theatre,  on  which 
God,  in  his  providence,  and  in  his  own  appointed 
time,  intends  to  work  out  that  high  destiny  he  has 
assigned  for  the  whole  human  race. 

But,  Mr.  President,  it  is  said  the  difficulty  must 
be  settled  by  negotiation.  The  notice,  sir,  will  not 
p  event  negotiations;  on  the  contrary,  it  will  stim- 
ulate the  parties  to  bring  all  differences  growing 
out  of  this  controversy  to  a  conclusion.  There 
are  many  things  to  negotiate  about,  sir  ;  many  im- 
portant questions  and  interests  which  are  fit  sub- 
jects of  negotiation;  and  among  them  are  those 
Fertaining  to  the  Hudson's  Bay  Company.  And 
believe,  sir,  that  all  the  difficulty,  or  nearly  all, 
which  surrounds  this  question,  so  far  as  Great 
Britain  is  concerned,  is  the  obligations  she  is  under 
to  that  corporation,  growing  out  of  ihe  renewal  of 
their  charter  in  1838,  for  twenty-one  years,  in 
which,  by  the  way,  sir,  the  privilege  was  reserved 
to  Great  Britain  to  grant,  for  the  purpose  of  settle- 
ment or  colonization,  any  of  the  lands  comprised 
within  the  limits  of  their  charter.  In  the  corre- 
spondence with  the  British  Colonial  Secretary  of 
State,  which  led  to  this  renewal,  sir,  the  company 
urge,  as  a  reason  for  it,  that "  they  have  succeeded, 

•  after  a  severe  and  expej^sive  competition,  in  estab- 

•  lishing  their  settlements,  and  obtaining  a  decided 
'superiority,  if  not  an  exclusive  enjoyment  of  the 
'  trade;  and  that  they  occupy  the  country  between 

•  the  Rocky  mountauis  and  the  Pacific,  by  six  pcr- 
'  manent  establishments  on  the  coast,  sixteen  in 
'  the  interior  country,  besides  several  migratory 
'  and  hunting  parties;  and  they  maintain  a  marine 
'  of  six  armed  vessels,  one  of  them  a  steam-vessel, 

•  on  tlie  coast."  They  also  speak  of  their  large 
farms,  and  of  other  projects,  ..aving  reference  to 
an  export  trade,  and  the  settlement  of  their  retired 
servants  in  the  country.  All  these  things,  sir,  su- 
perinduced by  the  act  of  Great  Britain,  tend,  no 
doubt,  to  embarrass  her,  as  she  may,  injustice,  be 
compelled  to  answer,  over  to  that  company,  for 
any  injury  that  may  result  to  it  from  a  surrender 
of  ner  pretensions  to  the  country. 

Now,  sir,  it  would  be  manifestly  proper  for  the 
two  Governments  to  confer  together  on  these  mat- 
ters, to  negotiate  about  them,  and  perhaps,  sir,  it 
might  be  found  to  be  expedient  to  indemnify  this 
company  for  their  outlays  there,  and  concede  to 
them  the  use  of  the  Columbia  river  for  a  few  years, 
to  facilitate  their  exit,  with  their  property,  from 
the  country,  and  as  auxiliary  to  winding  up  their 
affairs.  So  far  as  these  and  kindred  matters  are 
concerned,  sir,  I  hope  negotiation  will  go  on,  but 
am  utterly  opposed  to  it,  if  it  is  to  involve  a  ces- 
sion of  any  portion  of  the  country  to  Great  Britain. 
I  am  opposed  to  that,  sir,  and  will  never  sanction 
Buch  an  act  by  my  vote.  A  nation,  sir,  submit- 
ting to  a  negotiation  which  shall  end  in  compromis- 
ing a  claim  so  valid  as  ours,  by  yielding  up  a  part, 
when  it  has  strength  enough  to  preserve  the  whole, 
does,  in  my  judgment,  an  unpardonable  wrong, 
and  becomes  dishonored,  not  only  in  the  estimation 
of  its  own  people,  but  of  the  world.  1  will  never 
consent  to  it,  sir,  let  what  may  happen. 

But  it  is  said,  sir,  the  matter  should  be  referred 
to  arbitration,  and  that  such  a  mode  is  in  strict 


conformity  with  the  law  and  practice  of  nations  in 
like  cases;  and  our  Government  is  censured,  sir, 
for  not  accepting  a  proposition  of  this  nature, 
when  lately  tendered  by  the  British  Envoy.  The 
Senator  from  Kentucky  [Mr.  Crittenden]  said 
the  other  day,  that  he  did  not  know  what  right 
we  possessed  to  exalt  ourselves  above  all  law 
heretofore  recognised  amongst  nations,  and  to  say 
that  our  territorial  disputes  arc  to  be  placed  above 
all  arbitration;  and  then,  with  great  emphasis, 
remarked,  "  what  a  glorious  homage  would  this 
'  Republic  render  to  its  own  best  principles  by  ac- 
'  cepting  the  arbitration  of  a  tribunal  composed  of 
'  men  distinguished  only  for  their  talents,  knowl- 
'  edge,  science,  and  moral  worth."  Sir,  I  sliould  be 
very  much  opposed  to  submit  a  question  of  territo- 
rial right  to  any  Power  on  earth,  or  to  tuiy  board  of 
civilians,  in  whatever  form  it  might  be  proposed. 
There  are,  to  my  mind,  sir,  insuperable  objections 
to  it,  and  it  does  not  seem  to  me  to  be  practicable 
according  to  the  proposition  of  the  Senator.  Leav- 
ing out  of  view  all  others,  there  is  one  fatal  ob- 
jection to  such  a  proceeding,  and  that  is,  the  par- 
ties cannot  be  compelled  to  abide  by  the  award; 
there  is  no  power  by  which  it  can  be  enforced. 
Instead  of  settling  the  question  finally,  it  might 
render  it  more  complicated  than  before;  and  in  the 
event  of  a  refusal  by  one  party  to  stand  by  the 
award,  war  most  probably  would  ensue.  Suppose 
the  Columbia  river,  sir,  should  be  declared  by  the 
arbitrator  as  the  line,  in  conformity  with  the  Brit- 
ish proposition:  can  any  one  believe  this  Govern- 
ment or  country  would  abide  by  it?  If  a  mon- 
arch is  made  the  arbitrator,  we  would  have  his  pre- 
judices to  encounter,  and  incur  the  risk  of  his  sub- 
mitting the  qiiestion  to  one  of  his  Ministers,  or  Sec- 
retaries, or  Chiefs  of  a  Bureau;  and  in  eitlier  case, 
we  would  have  no  personal  knowledge  of  some  of 
the  parties  by  whom  the  award  is  to  be  made. 
The  arbitrators,  whoever  they  night  be,  would 
not  be  required  to  be  governed  by  the  right  of  the 
case,  nor  by  the  strict  law  of  the  case;  nor  would 
they  be  thus  governed.  Other  principles — con- 
siderations of  expediency,  suggestions  of  policy, 
and,  withal,  a  desire  to  give  each  claimant  some- 
thing— would  naturally  influence  them.  Sir,  this 
Administration  could  not  stand  a  single  moment 
before  the  American  people,  if,  by  its  act,  by  re- 
ferring a  question  of  this  nature  to  the  decision  of 
a  board  or  arbitrators,  the  entire  control  of  the 
Pacific  coast,  and  of  the  commerce  with  China, 
and  tlie  foreign  export  and  import  trade  of  the 
western  States  now  opening  to  them  with  the  east, 
shall  be  lost  to  them.  No  Administration  could 
survive  a  surrender  of  such  important  prospective 
interests.  Arbitration,  sir,  is  out  of  the  question. 
In  controversies  between  individuals  submitted  to 
arbitration,  the  arbitrators  are  known  to  the  par- 
tics,  and  a  power  is  vested  in  the  courts  to  enforce 
obedience  to  the  award;  but  there  is  no  tribunal  to 
compel  obedience  between  nations.  The  whole 
thing  is  surrounded  by  difficulties.  Besides,  sir, 
there  is  really  nothing  here  to  arbitrate  about;  for 
a  proposal  to  arbitrate,  and  an  acceptiuicc,  presup- 
pose a  right  exists  to  a  part  of  the  country,  which 
we  deny.  Where  a  right  to  cotcrniinuus  terri- 
tory is  admitted  to  exist,  but  the  boundary  un- 
defined, it  may  be  proper,  in  such  a  case,  to  re- 


1 


15 


of  nations  in 
censured,  sir, 

this  nature, 
Jnvoy.    The 
enden]  said 
w  what  right 
jove  all   law 
s,  and  to  say 
})Uiced  above 
Lit  emphasis, 
,0  would  this 
iciples  by  ac- 
composed  of 
lents,  knowl- 
r,  I  sliould  be 
ion  of  territo- 
luiy  board  of 
be  proposed, 
le  objections 
e  practicable 
ator.    Leav- 
one  fatal  ob- 
t  is,  the  par- 
Y  the  award; 
be  enforced. 
lly,  it  inij,'ht 
c;  and  in  the 
itand  by  the 
ue.    Suppose 
glared  by  the 
nth  the  Brit- 
tliis  Govern- 

If  a  nion- 
have  liis  pre- 
ik  of  his  sub- 
sterSjOrSec- 
II  either  case, 
je  of  some  of 
to  be  made. 
It  be,  would 
I  right  of  tlie 
;;  nor  would 
iciples — con- 
ns of  policy, 
limant  some- 
Tfi.     Sir,  this 
igle  moment 
!  act,  by  re- 
c  decision  of 
ntrol  of  the 
with  China, 
trade  of  the 
:ith  the  east, 
ration  could 
.  prospective 
he  question, 
iubmitted  to 
I  to  the  par- 
ts to  enforce 
0  tribunal  to 
The  whole 
Desides,  sir, 
e  about;  for 
iicc,  presup- 
ntry,  which 
inous  terri- 
undary  un- 
cage, to  re- 


fer the  matter  to  mutual  friends,  to  establish  (he 
line  of  boundary.  That  was  the  case  in  regard  to 
our  northeastern  boundary,  and  it  was  referred  to 
the  King  of  the  Netherlands;  and  he,  instead  of 
attending  to  the  terms  of  the  submission,  and  fol- 
lowing the  highlands,  assumed  the  valley  of  the  St. 
John's  river  as  the  true  boundary;  which  satisfied 
neither  paity.  But,  sir,  it  is  unnecessary  to  say 
anything  about  arbitration,  as  the  Government  has, 
in  the  most  decided  manner,  rejected  the  propo- 
sition; and  there  is  no  wish,  I  am  sure,  on  the  part 
of  this  country,  tliat  it  should  be  accepted  at  any 
future  tunc.  Whilst  negotiating,  sir,  in  1818,  upon 
■'  T  very  question  of  Oregon,  then  called  "the  f^el- 
t.t-ment  on  the  Columbia  river,"  a  reference  of  it  to 
the  Eni)ieror  of  Russia  was  in  contemplation.  The 
action  of  our  Government  then,  sir,  upon  the  sug- 
gestion, was  not  riifferent  from  the  present.  In  a 
despatch  from  our  Secretary  of  State,  (Mr.  Ad- 
ams,) of  the  date  of  July  28,  1818,  to  our  negotia- 
tors, (Messrs.  Rush  and  Gallatin,)  I  find  the  fol- 
lowing passage,  which  1  will  read  for  the  benefit 
of  the  Senate  from  the  4th  volume  of  American 
State  Papers,  title  "Foreign  Relations,"  p.  377: 

"The  expediency  itself  of  submitting  questions 
'  of  territorial  rights  and  boundaries,  in  discussion 
'  between  two  nations,  to  the  decision  of  a  third, 
'  was  unmual,  if  not  entirely  new,  and,  should 
'  the  contingency  occur,  will  probably  encounter 
'  difficulties  of  execution  not  foreseen  at  the  time 
'  when  the  stipulation  was  made  of  resorting  to  it. 
'  The  subjects  in  controversy  are  of  a  nature  too 
'  intricate  and  cwnplicnted,  requiring,  on  the  part  of 
'  the  arbitrator,  a  patience  of  investigation  and 
'  research,  historical,  political,  legal,  geographical, 
'  and  astronomical,  for  which  it  is  impossible  to 
'  conceive  that  the  sovereign  of  a  great  empire 

•  could  personally  bestow  the  time." 

This,  sir,  was  American  doctrine  then,  and  it  is 
correct.  Mr.  Adams  was  right.  Cluestionsof  this 
description  should  not  be  submitted  to  a  foreign 
Power,  for  the  reasons  giving  by  him,  and  those  I 
have  given — that  there  is  nc  power  existing  to  en- 
force the  award,  and  if  one  of  the  parties  does  not 
choose  to  abide  by  it,  it  can  only  operate  to  produce 
the  conflict  which  it  was  the  object  of  the  arbitra- 
tion to  avoid.  While  speaking  of  this  subject,  sir,  I 
wish  to  notice  the  peculiar  phraseology  of  the  let- 
ter of  the  British  Minister  conveying  the  proposal, 
to  the  rejection  of  which  so  mucn  exception  seems 
to  have  b'  ^  ^nV:'^.  In  his  note  of  .he  10th  Janu- 
ary last,  -  Secretary  of  State,  after  alluding 
to  the  reji;  tion  of  his  first  proposition,  as  contain- 
ed in  his  not*  of  the  27th  or  December,  for  a  refer- 
ence of  the  question  "  of  an  equitable  partition  of 
the  territory,"  and  the  objections  of  our  Secretary 
to  it,  he  says  : 

•'This  premised,  the  object  of  the  undersigned 

•  in  addressinja;  to  Mr.  Buchanan  the  present  com- 

•  munication  is,  to  ascertain  from  him  whether, 
'  supposing  the  British  Government  to  entertain  no 

•  objection  to  such  a  course,  it  would  suit  the  views 

•  of  the  United  States  Government  to  refer  to  arbi- 

•  tration,  not,  as  has  already  been  proposed,  the 
'  question  of  an  equitable  partition  or  the  territory, 
'  but  the  question  of  title  in  either  of  the  two  Pow- 

•  era  to  the  whole  territory,  subject  of  couree  to 

•  the  condition,  that  if  neitlier  should  be  found,  in 


*  the  opinion  of  the  arbitrator,  to  possess  acom- 

*  plete  title  to  the  whole  territory,  tnerc  should,  in 
« tliat  case,  be  assigned  to  each  that  portion  of  lerri- 
'  tory  which  would,  in  the  opinion  of  the  arbitra- 
« ting  Power,  be  called  for  by  a  just  appreciation 

*  of  the  respective  claims  of  each." 

Now,  sir,  it  will  be  jierceived,  here  is  no  di.s- 
tinct  proposition  to  refer  the  question  of  title  at 
all:  h3  merely  inquires.  Supposing  Great  Britain 
should  entertain  no  objection  to  refer  the  question 
of  title  to  arbitration,  what  would  the  Government 
of  the  United  States  be  willing  to  do?  It  would 
have  been  proper,  in  my  judgment,  to  decline  a 
rc[>ly  to  a  proposition  presented  in  such  a  form, 
as  it  was  not  a  definite  proposal  to  submit  the 
question  of  title.  It  is  a  "^/ling"  question.  A 
hypothetical  case  is  presented,  which  our  Govern- 
ment might  well  refuse  to  entertain,  and  made 
subject  to  the  condition,  on  the  happening  of  a 
contingency,  of  an  equitable  division  of  the  terri- 
tory. Sir,  we  do  not  desire  a  division  of  the  terri- 
tory. I  am  instructed,  and  feel  pleasure  in  acting 
up  to  those  instructions,  to  oppose  by  my  vote  a 
surrender  of  any  portion  of  territory  rightfully  be- 
longing to  us  through  the  instrumentality  of  arbi- 
tration by  crowned  heads,  or  a  board  of  civilians, 
or  by  negotiation  in  any  form.  I  would  advise 
negotiation,  sir,  as  I  have  already  said,  hi  regard 
to  all  other  matters  growing  out  of  this  question, 
or  witli  which  it  is  lep;itimatcly  connected;  and 
should  be  disposed  to  be  liberal.  I  would  grant 
to  the  Hudson  Bay  Company,  which  has  so  much 
at  stake,  certain  privileges  for  a  limited  period.  I 
would  do  nothing  that  is  unjust,  nor  advise  it  to 
be  done;  and,  in  taking  a  retrospect  of  our  past 
history,  sir,  I  believe  the  greatest  enemy  of  repub- 
lican principles  cannot  point  his  finger  to  a  single 
act  of  national  injustice  committed  by  us.  It  may 
be  said,  to  the  glory  of  the  American  name,  tliat 
not  a  single  act  in  our  whole  career  can  be  found, 
by  our  most  unscrupulous  enemy,  calculated  to 
stamp  injustice  upon  our  national  character,  Wc 
have  never  done  injustice;  we  have  always  sought, 
in  our  national  conduct,  in  all  our  difificulties  and 
embarrassments,  to  carry  out  the  golden  maxim, 
"  Do  unto  others  as  ye  would  they  should  do 
unto  you."  Our  reputation,  in  this  regard,  ispure 
and  unspotted,  sir;  and  I  desire  to  keep  it  so.  I 
wish  to  do  nothing  bordering  even  upon  the  con- 
fines of  injustice;  and  therefore,  sir,  if  the  Hudson 
Bay  Company  have  important  interests  there — 
and  that  they  have,  I  am  fVee  to  admit — and  the 
British  Government  is  responsible  to  them  for  any 
injury  which  may  result,  in  consequence  of  any 
disposition  of  the  country  policy  may  require  Great 
Britain  to  make;  and  if,  in  order  to  carry  on  their 
trade  a  few  years  longer,  and  settle  their  afiairs, 
they  should  desire  the  use  of  the  river  for  a  short 

reriod,  I  would  concede  it  to  them  most  cordially, 
would  afford  them  every  fkcility  for  closing  up 
their  affairs,  and  leaving  the  country  to  our  exclu- 
sive jurisdiction;  but  to  no  division  of  the  territory 
could  I  ever  consent.  We  all  recollect,  sir,  that 
memorable  display  of  the  wisdom  of  Solomon — 
the  case  of  the  living  child  claimed  by  two  mothers 
— and  the  exhibition  of  true  parental  afifection  on 
that  occasion.  She  who  consented  to  the  division 
of  the  child  was  adjudged  not  to  be  the  true  parent, 


16 


and  the  real  mother  was  restored  to  her  own.  So 
it  is,  sir,  with  the  true  friends  of  Oregon:  they 
cannot  consent  to  a  division  of  tlie  child  of  then- 
love.  If  Enj^land  is  the  true  parent,  £;ivc  it  nil  to 
her,  sir.  We  cannot  consent  to  a  division  of  the 
territory,  cither  by  the  Columbia  river,  or  the 
forty-ninth  parallel.  And  here,  Mr.  President,  T 
must  be  permitted  to  say,  "  more  in  sorrow  than 
in  anger,"  I  regret,  as  a  rtiend  of  the  Executive, 
that  he  felt  himself  bound  to  offer  to  Great  Britain 
the  proposition  to  divide  the  territory  on  the  forty- 
ninth  parallel.  1  think',  sir,  the  error,  on  his  part, 
con.sisted  in  this:  that  he  did  not  consider  it  a  ncic 
question,  so  far  as  he  and  his  Administration  were 
concerned.  In  my  judgment,  sir,  so  far  as  he  was 
concerned,  it  was  an  entirely  new  question.  And 
why,  sir?  Because,  at  the  convention  which  as- 
sembled hi  May,  ]844,  to  nominate  candidates  for 
President  and  Vice  President,  to  be  supported  by 
the  party  to  which  he  belongs,  a  delegate  of  the 
State  of  New  York  offered  the  following,  among 
other  resolutions,  which  was  unanimously  adopt- 
ed, as  a  principle  of  action  and  of  union.  Here  it 
is,  sir: 

"  Resolved,  That  our  title  to  the  whole  of  the  ter-  j 

•  ritory  of  Oregon  is  clear  and  unquestionable;  that 

•  no  portion  of  the  same  ought  to  be  ceded  to  Eng- 
'  land  or  any  other  Power;  and  that  the  re-oecupa- 
'  tion  of  Oregon  and  the  re-annexation  of  Texas, 
'  at  the  earliest  practicable  period,  arc  great  Amcr- 
'  ican  measures,  which  this  convention  recommends 
'  to  the  cordial  support  of  the  Democracy  of  the 
•Union." 

Now,  sir,  on  these  great  "American  measures," 
then  for  the  first  time  adopted  as  such,  we  went 
before  the  country.  The  present  Executive  was 
the  candidate  of  the  party  that  avowed  this  right 
and  title  to  the  whole  of  the  territory  of  Oregon. 
Oregon  was  the  watchword  throughout  the  whole 
length  and  breadth  of  the  land,  it  was  not  con- 
fined to  the  west  or  southwest;  but  in  the  north- 
ern, middle,  and  throughout  all  the  States,  it  was 
the  rallying  cry.  Oregon  and  Texas  were  one  and 
undivided.  The  Executive  was  elected  by  the  aid 
of  this  measure;  and  to  what  did  he  pledge  himself 
on  the  eastern  portico,  before  his  assembled  fellow- 
citizens,  in  his  Inaugural  Address  to  them  and  to 
the  country  ?    Mark  his  language,  sir: 

"  Nor  will  it  become  in  a  less  degree  my  duty  to 
'  assert  and  maintain,  by  all  constitutional  means, 

•  the  right  of  the  Unitcdi  States  to  that  portion  of 

•  our  territory  which  lies  beyond  the  Rocky  moun- 
'  tains.  Our  title  to  the  country  of  the  Oregon  is 
''clear  rind  unquestionable;'  and  already  are  our 

•  people  preparing  to  perfect  that  title,  by  occupy- 
'  ing  it  with  their  wives  and  children." 

Such,  sir,  was  his  explicit  and  frank  declara- 
tion, in  accordance  with  the  public  Judgment  of 
the  country;  such  was  his  pledge,  fie  had  been 
elected  as  friendly  to  a  series  of  measures,  of 
which  the  entirety  of  Oregon  was  one;  and  thus 
it  became,  in  my  opinion,  as  to  him  and  his  Ad- 
ministration, an  entirely  new  question.  It  nevr 
had  before,  Mr.  President,  been  an  element  in 
any  political  controversy,  and  his  Inaugural  Ad- 
dress prefigured  to  his  constituents  what  his 
course  would  be,  when  called  to  act  upon  the 
question.   In  his  Message  delivered  to  Congress  at 


the  present  session,  he  docs  not  depart  from  the 
ground  he  then  assumed  as  to  the  riglit,  Init  "  in 

•  deference  alone  to  what  had  been  done  by  his  pre- 
'  decessors,  and  the  implied  ol)ligaiioii  which  ilieir 
'  acts  seemed  to  impose,"  and  not  considering  it  a 
new  question,  he  made  the  proposition.  Again,  I 
say,  sir,  I  regret  the  President  tnok  that  view  of 
the  subject,  and  offered  a  proposition  so  well  cal- 
culated to  embarrass  his  friends  in  dillerent  parta 
of  the  country,  and  who  had  united  in  conclemnin^ 
those  predecessors  for  making  a  similar  ofi'cr.  But 
the  proposition  was  made  and  rejected  by  Grent 
Britain,  withdrawn  by  our  Government,  and  is  no 
longer  binding.  The  President  tells  us,  with  his 
conviction  that  no  conqironiise  which  the  United 
States  ought  to  accept  can  be  effected,  "the  pro- 
'  position  of  compromise,  which  had  been  made 
'  and  rejected,  was,  by  my  direction,  subserjcntly 

•  withdrawn,  and  our  title  to  the  whole  Oregon 
'  territory  asserted,  and,  as  is  believed,  maintained 
'  by  irrefragable  facts  and  argumtnts."  He  tlw  n 
recommends  giving  the  notice  to  terminate  the 
convention,  and  says:  "At  the  end  of  the  year's 
'  notice,  should  Congress  think  it  proper  to  make 
'  provision  for  giving  that  notice,  we  shall  have 
'  reached  a  period  when  the  national  rights  in 
'  Oregon  must  either  be  abandoned  or  firmly  main- 
'  tained.  That  they  caimot  be  abandoned  wilii- 
'  out  a  sacrifice  of  both  national  honor  and  inter- 
'  est,  is  too  clear  to  admit  of  doubt."  Again  he 
'  says:  "Oregon  is  a  part  of  the  North  American 
'  continent,  to  which  it  is  conlideiitly  aiHrined.  tlu 
'  tille  of  the  United  Slides  is  the  best  in  existence.'^ 

To  understand,  sir,  what  is  meant  by  our  na- 
tional rights  in  Oregon,  which  cannot  be  abandon- 
ed without  a  sai'rifice  of  both  national  honor  and 
interest,  we  have  only  to  recur  to  the  passage  first 
above  quoted.  AVe  there  find  that  it  is  to  tlit 
whole  Oregon  territory,  our  title  to  which  is  main- 
tained "  by  irrefragable  facts  and  arguments." 
Under  these  full  and  patriotic  declarations,  the 
country  can  repose,  sir,  with  perfect  confidence: 
entertaining  no  apprehensions  that  their  Presideni 
will  swerve  from  them  in  the  slightest  particular, 
now  that  the  honorary  obligation  is  fully  dis- 
charged. 

The  recoinmendafions  of  the  President,  sir 
should  be  carried  into  eireci.  1  hope  they  will  bi 
by  the  unanimous  vote  of  the  Senate.  I  shouli 
rejoice  to  see  entire  iniion  u])on  them.  In  cases  (i; 
this  kind  there  should  bono  party  divisions;  party 
should  have  no  existence;  it  is  not  now  a  party 
question.  By  reference  to  the  vote  in  the  otliei 
House,  it  will  be  seen  that  partj*  lines  were  no: 
ol.iserved,  and  I  hope  it  may  be  so  here. 

Even,  sir,  if  the  very  objectionable  resolutions 
offered  liy  the  Senator  from  Georgia  [Mr.  Col- 
quitt] should  receive  the  assent  of  the  Senate,  I 
should  still  feel  assured,  having  so  much  conildenci 
in  the  wisdom  and  firmness  of  the  Executive,  t\uy 
whatever  conqiromise  he  might  be  compelled,  uii 
derthe  terms  of  it,  to  offer  or  accept,  it  would  no 
be  such  an  one  as  would  involve  a  cession  of  an) 
part  of  the  territory,  because,  sir,  he  is  fully  com 
milted  to  the  nation  to  maintain  its  right  to  tin 
whole  territory,  and  to  preserve  unsullied  the  n:\ 
tional  honor,  and  he  foela  the  responsibity  of  tha 
position,  , 


sir: 


u 


Icpnrt  from  thr. 
c  rii^lit,  Init  '•  in 
(lone  l)y  Ills  i)re- 
li(ii)  which  ilicir 
cniisidcrinu  it  ;i 
itioii.     Af^uin,  I 
ok  that  \'\v\v  nf 
tion  HO  well  cal- 
11  (lillcrcnt  piirla 
"   11  c.oiKlemnin!;; 
niiliir  oft'cr.    Hut 
jectcd   liy  Great 
unent,  and  is  no 
ells  us,  with  his 
hicii  the  United 
icted,  "  the  pro- 
liad   Ijeeii  made 
ion,  subscfjently 
e  wJioic  Oregon 
eved,  maintuiiied 
nts."     lie  then 
'o  terminate  the 
nd  of  the  year's 
t  proper  to  ninKe 
e,  we  sliall  have 
itional    riy;hts    in 
d  or  firmly  main- 
abandoned  witli- 
honor  and  intcr- 
iibt."     Again  he 
North  American 
.'iitly  ailiriiiid-  Iht 
I  in  e.iinttnce. " 
ncaiit  by  our  na- 
nnot  be  abandon- 
uioiial  honor  and 
1)  the  passage  firs; 
that  it  is  to  tht 
to  which  is  main- 
and   arguments.'' 
declarations,  the 
orfect  confidence: 
lat  their  Presidcri! 
ightest  particular, 
ion  is   fully  did- 

ic  President,  sir 
hope  they  will  hi 
Senate.  I  sliouli 
hem.  Ill  canes  (i; 
y  divisions;  parly 
i  not  now  a  party 
k'ote  in  the  otliui 
tj*  lines  were  no: 
io  here. 

enable  resolution? 
Eorgia  [Air.  Coi.- 
t  of  the  Senate,  1 
o  imicli  confidenci 
le  Executive,  tlu.' 
be  compelled,  un 
cept,  it  would  no 
e  a  cession  of  an) 
r,  he  is  fully  com 
in  its  right  to  tlis 
!  unsullied  the  nii 
sponsibity  of  tha 


Mr.  President,  let  us  incjuire  what  will  he  the 
state  of  tliin|2;s  after  the  notice  is  given,  and  the 
twelve  months  have  expired.  What  will  follow, 
sir  ?  If  British  subjects  remain  in  the  territory, 
they  will,  necessarily,  become  subject  to  ourlaw.s, 
as  they  are  now  in  every  other  part  of  the  United 
States  in  which  they  may  happen  to  be.  That, 
sir,  will  lie  their  condition — that  will  be  the  effect 
of  the  termination  of  the  convention;  for  we  would 
be  at  once  remitted  to  our  right  of  possession, 
which  must  necessarily  be  exclusive,  placing;  us 
in  the  actual  sovereignty  of  the  country.  That 
we  can  maintain  that  position  is  very  certain. 
There  need  be  no  apprehension,  sir,  if  notice  be 
piven,  and  the  measures  recommended  by  the 
President  carried  out,  and  emigration  encouraged, 
that  any  act  of  \ '  jlence  on  the  part  of  Great  Brit- 
ain will  take  place;  because,  in  addition  to  other 
considerations,  we  haveher  unqualified  admission, 
that  we  have  the  right  of  possession,  and  any  act 
of  encroachment  on  her  part  would  be  entirely  un- 
authorized and  unjustifialjlc,  and  which  she  would 
not  hazard,  as  it  would  be  an  act  of  war.  She 
cannot  now  gainsay  that  admission.  She  cannot 
ain-idge  it,  and  while  it  remains,  she  would  have 
no  right  to  interfere  with  our  exclusive  possession. 
The  question  then  will  be,  sir,  shall  we  maintain 
this  right,  fortified  by  the  admission  of  Great 
Britain  herself,  and  reposing  upon  a  title  so  clear 
and  unquestionable  as  ours  is  shown  to  be,  by 
force  of  principles  which  she  has  herself  establish- 
ed, or  shall  we  abandon  it?  I  cannot  think  of  it 
for  a  moment,  sir,  as  it  would  be  a  wilful  and 
wicked  abandonment  "of  our  own  self-respect  and 
our  national  honor."  All  we  have  to  do,  sir,  in 
this  and  every  other  emergency,  is,  to  pureue  the 
path  of  duty  and  honor,  lead  where  it  may.  After 
all  we  have  said  and  done,  sir,  it  would,  in  my 
judgment,  be  highly  derogatory  to  our  national 
character  to  recede  a  shigle  inch  from  the  position 
we  have  assumed,  fortified  as  it  is  by  tlie  clear 
right  of  the  case,  sanctioned  by  the  common  judg- 
ment of  the  whole  country,  and  taken  with  delib- 
eration. 

But  it  is  said,  sir,  Great  Britain  will  not  recede — 
she  will  not  yield  her  pretensions,  and  war  may 
come;  and  this  seems  to  be  the  opinion  of  the 
Senator  of  Michigan,  [Mr.  Cass.]  I  cannot 
undertake  to  say,  Mr.  President,  what  England 
will  do  when  the  crisis  comes;  but  this  I  think  I 
ran  say,  that  her  history  shows  that  in  i>.lmost 
every  case  threatening  a  controversy  with  us,  in 
which  she  has  been  firmly  met  and  resolutely 
opposed,  she  has  never  persisted.  To  in.stancc  no 
other  rxampl«s:  at  the  time  we  acquired  Louisiana; 
did  she  not  object,  and  protest,  and  threaten  ?  She 
was  then  at  war  with  France,  and  might,  by  belli- 
gerent capture,  have  added  that  rich  province  to 
her  Crown;  but  we  pursued  the  even  tenor  of  our 
way,  kept  our  object  steadily  in  view,  and  in  spite 
of  enemies  at  home  and  aliroad,  consummated  the 
act:  and  what  was  the  result?  So  in  regard  to  our 
proceedings  towards  Spain,  before  the  Florida 
treaty.  She  charged  us  with  a  desire  for  territorial 
atrgrandizcinent;  she  protested  against  our  riirhl  to 
take  ixisscssion  of  that  jiart  of  it  we  claimed;  yet 
we  pursued  the  course  policy  and  justice  to  our- 
selve.'s  dictated — placed  at  the  disposal  of  the  Ex- 


ecutive means  adequate  to  the  exigency  of  the 
case,  and  we  heard  no  more  of  British  interference 
or  opposition.  So  in  regard  to  the  surrender  of 
this  very  territory,  under  the  first  article  of  tho 
treaty  of  Ghent.  For  three  years  she  raised  dilH- 
culties,  coined  objections,  and  postponed  the  exe- 
cution of  a  positive  treaty  stipulation;  but  we  wer« 
firm  and  importunate,  and  were  reinstated  in  our 
possession.  And  it  is  only  necessary  for  us,  sir, 
in  this  case,  to  be  firm,  calm,  and  prudent,  demand- 
ing nothing  but  what  is  exactly  right,  and  mani- 
festing a  dispMsition  to  do  full  justice,  and  there  is 
no  danger  of  a  controveray. 

But,  sir,  if  we  adopt  a  timid  policy;  if  wc  betray 
a  weak  and  vacillating  purpose;  if  wc  hesitate, — wo 
run  the  hazard  of  bringing  upon  us  the  very  calam- 
ity we  seek  to  avoid.  Great  Britain  understands 
this  well.  She  knows  our  history.  She  knows 
we  are  as  firm  and  unyielding  as  any  nation  can  be 
with  the  right  on  our  side,  and  that  we  have  never 
persisted  in  the  assertion  or  maintenance  of  wrong. 
All  we  have  to  do,  then,  in  this  crisis,  is,  to  main- 
tain this  firm  and  decided  position;  and  my  life  on 
it,  slie  will  not  involve  her  country  and  this  in  the 
calamities  of  war  for  Oregon.  Sir,  Great  Britain 
is  not  prepared  for  a  war  with  us.  She  never  was 
in  a  more  precarious  condition  than  she  is  at  this 
moment;  not  from  internal  decay,  perhaps,  sir,  but 
from  the  circumstances  of  her  position,  and  without 
a  friend  in  any  one  of  the  nations  of  the  earth.  She 
is,  too,  at  this  moment  embarking  in  a  bold,  and 
to  her  dangerous,  experiment — no  less,  sir,  than  a 
radical  change  in  a  policy  to  which  she  has  ad- 
hered, with  such  pertinacity,  since  the  revolution 
of  1688.  Her  success,  sir,  in  this  experiment,  she 
must  know  and  feel,  depends  in  a  very  great  degree 
upon  the  maintenance  of  amicable  relations  with 
this  country.  We  have  been,  and  now  are,  her 
best  customer,  and  it  is  not  to  be  presumed  she 
would  attempt  such  a  change,  with  her  best  cus- 
tomer in  arms  against  her.  That  would  be  fatal, 
suicidal. 

The  controversy  will  never  be  prosecuted  to  a 
war  by  Great  Britain,  under  the  circumstances  in 
which  she  is  placed,  unless  we  manifest  timidity 
and  indecision;  and  if  it  should,  sir,  I  cannot  think 
she  could  do  us  any  very  great  injury.  1  have  re- 
flected a  good  deal  upon  this  subject,  and  I  cannct 
for  my  life,  sir,  see  how  she  can  inflict  upon  us 
any  permanent  injury,  while  she  is  exposed  to 
that  hazard  from  us  by  the  very  nature  of  her  sys- 
tem. Wo  might  lose  some  merchant  ships,  and  a 
vessel  of  war  or  so;  but  her  own  commerce  would 
be  more  crippled  than  ours.  We  could  carry  on  a 
war  often  years  with  less  injury  to  us  than  to  her. 
Our  condition  is  vastly  different  now  from  what  it 
was  when  the  war  of  1812  was  declared.  Then 
our  population  v/as  small,  our  internal  commerce 
nothing.  Now  we  have  facilities  of  approach  from 
the  seaboard  into  every  part  of  the  country,  near 
20,000,000  of  people,  and  an  internal  commerce 
fifteen  times  as  great  as  our  foreign,  which  wc 
could  fall  back  upon,  and  verify  the  fact,  that  we 
can  live  and  flourish  without  any  foreign  com- 
merce. These  make  our  position  more  favorable 
for  a  war  than  that  of  Great  Britain;  besides,  so 
far  as  the  great  staple  of  her  manufactures,  cotton, 
is  concerned,  slie  is  almost  wholly  dependent  on 


18 


I 


us.  She  rannot  procure  from  India  nnd  Egypt 
enough  (o  keep  her  spindles  em|<loyed  three 
months;  and  unless  she  draws  her  !sii|)|)ly  from  us 
throut;Ii  neutral  ports,  slie  must  Ijc  broken  up. 
Takini!^  this  sino;le  consideration  into  tlje  account, 
the  pro.spect  of  inevitable  ruin  to  her,  keeping 
her  condition  in  other  rcsjiects  in  view,  is  alarm- 
ing indeed.  This  great  staple  contributes  so  much 
to  the  support  of  her  population,  and  is  so  impor- 
tant an  element  of  her  commercial  and  internal 
prosperity,  that  it  will  always  operate,  v/hilst  we 
control  its  production,  as  bond  and  security  from 
her  that  s7ie  will  keep  the  peace.  It  is  most  man- 
ifestly, sir,  her  interest  not  to  go  to  war,  and  she 
will  make  great  .sacrifices  to  avoid  it — every  sacri- 
fice short  of  national  honor,  which,  so  far  as  she 
is  concerned,  is  not  involved  in  this  question. 
Seeing,  as  she  does,  this  territory  filling  up  by  our 
own  citizens;  that  it  is  contiguous  territory,  and 
the  only  outlet  westward  for  the  great  valley  of  the 
Mississippi  to  the  markets  of  Asia,  and  entirely 
detached  from  all  her  colonies  in  either  hem- 
isphere, and  that  it  can  be  to  her  but  a  barren  pos- 
session, the  sacrifice  in  yielding  peaceably  her  pre- 
tensions to  any  part  of  it,  accompanied  by  those 
friendly  arrangements  to  which  I  have  alluded,  will 
bear  no  comparison  to  that  we  should  encounter 
by  an  abandonment  on  our  part. 

And,  sir,  it  will  not  be  England  alone  which 
will  be  engaged  in  this  war,  should  one  befall  us. 
The  people  of  Europe  have  the  spirit  of  rev- 
olution and  reform  raging  within  them,  only  sup- 
pressed l>y  the  strong  arm  of  power.  It  is  the 
policy  of  throiics  and  dynasties  to  ]irevent  a  war 
with  us.  If  a  war  does  come  it  will  be  a  war  of 
systems — not  for  Oregon;  and  in  such  a  war,  so 
sure  as  the  red  man  fades  away  before  the  advance 
of  civilization,  so  sure  will  those  thrones  and 
dynasties  fall  before  the  advance  of  republican 
principles.  No,  sir;  Europe  will  not  suffer  Eng- 
land to  war  for  Oregon  with  us.  The  great  free- 
trade  interest  alone,  now  promising  to  be  in  the 
ascendant  in  England,  will  nave  power  suflicient  to 
prevent  a  war,  >id  will  prevent  it  at  every  sacri- 
fice. 

I  have  not  been  able  to  see,  sir,  how  a  nation  so 
politic  as  England  is,  can  liazard  a  war,  in  her 
present  condition,  provided  the  matter  is  managed 
by  us,  ars  it  should  be,  (we  doing  nothina:  calculated 
to  irritate,  and  manifesting  a  just  and  liberal  spirit 
towards  her,)  with  becoming  firmness.  If  war  does 
grow  out  of  this  question,  Mr.  President,  it  must 
be  commenced  by  England — we  will  not  take  the 
initiative  in  that.  But,  it  is  said,  sir,  we  must  so 
manage  the  matter  by  negotiation ,  compromise,  and 
acquiescence,  in  the  demands  of  Great  Britain,  as 
not  to  force  her  to  this  alternative;  for  it  is  said,  sir, 
if  war  does  ensue,  we  will  lose  our  foreign  trade, 
be  visited  by  all  its  accumulated  horrors  and  cal- 
amities, and  that  we  would  be  broken  down  in 
our  finances,  as  the  Senator  of  South  Carolina 
[Mr.  Calhoun]  said  a  few  days  since.  If  these 
are  proper  considerations,  sir,'  and  to  be  used  as 
arguments  on  such  a  topic,  the  duty  of  maintain- 
ing national  rights  would  be  at  an  end.  Such  ar- 
guments persuade  us  to  surrender  them  up  quietly 
to  any  ai'rogant  demand  or  baseless  pretension,  if 
made  by  a  formidable  Power,  lest,  by  resisting, 


we  should  be  subjected  to  loss  and  injury.  Such 
reasoning,  sir,  puts  a  stop,  at  once,  to  the  assertion 
and  maintenance  of  any  right,  no  matter  how  im- 
jiortant.  Much  as  I  detest  war,  sir,  and  would 
earnestly  .seek  to  avoid  its  consequences  could  it 
be  done  honorably;  much  as  I  should  deprecate  an 
increase  of  the  paper  system  which  nught  ensue,— 
1  would  greatly  prefer  them  all,  to  a  surrender, 
underexisting  circumstances,  of  any  portion  of  the 
Oregon  territory.  There  is  nothing  that  can  grow- 
out  of  a  war  that  my  State  would  not  be  willing 
to  endure,  in  preference  to  the  surrender  of  any 
part  of  it— nothing,  whatever,  sir.  For,  so  far  as 
we  are  concerned,  the  point  of  honor  is  involved. 
We  have  been  told,  sir,  time  and  again,  if  we  do 
assert  our  title,  and  take  measures  to  maintain  it, 
war  will  follow;  and  again  and  again  are  we  re- 
minded of  the  magnitude  of  England's  power,  and 
of  our  own  unprepared  and  defenceless  condition. 
Sir,  I  have  said  I  did  not  believe  a  war  could  do 
us  much  injury — certainly  not  so  much  as  it  would 
England.  She  has  no  mternal  commerce  to  fall 
backupon  to  sustain  her — no  internal  resources — 
all  is  scattered  over  the  face  of  the  earth.  With 
us,  it  is  wholly  diflferent.  We  pos-sess  all  the 
varieties  of  soil  and  climate,  well  adapted  to  the 
most  profuse  production  of  all  necessary  articles 
of  consumption  ;  a  population  possessing  every 
kind  and  degree  of  skill,  enterprise,  and  pursuit; 
with  an  internal  commerce  spreading  over  more 
than  three  thousand  miles  of  territory — amounting 
annually  to  many  hundred  millions  of  dollars,  with 
the  most  perfect  facilities  by  railroads  and  canals 
to  accommodate  it,  which  would  not  only  sustain, 
but  enrich  the  whole  country,  and  verify  the  fact, 
as  1  have  before  said,  that  we  could  live  and  pros- 
per, independent  of  all  foreign  nations.  We  would 
discover  that  our  prosperity  does  not  depend  on 
the  accidents  of  foreign  commerce,  or  on  the  unruly 
politics  of  Europe.  This  commerce  between  the 
States,  sir,  is,  without  its  restrictions,  like  that  be- 
tween so  many  foreign  and  distinct  nations.  Com- 
pare our  situation  in  this  regard,  with  those  Euro- 
pean States  having  but  little  foreign  commerce,  and 
none  internal,  estimated  by  ours;  they  seem  to  pros- 
jier,  sir,  under  burde^is  and  exactions  far  heavier 
and  greater,  even  in  a  time  of  peace,  than  ours 
could  be  in  war.  Situated  as  we  are  now,  sir,  if 
we  have  not  the  ability  to  sustain  a  war,  it  seems 
to  me  that  no  nation  on  the  face  of  the  earth  ever 
had  or  ever  will  have  that  ability. 

As  to  "breaking  down  our  finances,'*  sir,  and 
the  evils  of  the  paper-system,  which  it  is  thought 
will  necessarily  follow  a  war,  this  will  be  but  tem- 
'  jiorary,  and  can  be  greatly  modified  by  wise  legis- 
I  iation.     There  is  nothing,  sir,  in  this  view  of  the 
!  subject  calculated  to  inspire  alarm,  or  make  us  hes- 
itate in  defending  all  our  riffhta.     We  have  now, 
I  sir,  in  the  country  about  )ff  100 ,000 ,000  of  specie, 
which,  in  the  event  of  war,  would  remain  in  the 
country,  as  there  would  be  no  use  for  it  to  pay  bal- 
ances abroad,  there  being  no  foreign  trade.     This 
would  be  a  basis  for  safe  issues,  according  to  the 
modern  science  of  banking,  of  three  hundred  mil- 
lions of  dollars.  Treasury  notes  beai-ing  no  interest, 
and  receivable  by  the  Government  for  all  dues, 
would  be  at  par  for  all  Government  payments,  and 
being  in  demand  to  pay  taxes,  would  not  fluctui'te 


t 


Id 


injury.     Such 
to  tlie  assertion 
natter  how  im- 
sir,  nnd  would 
leiiccs  could  it 
'1  deprecate  an 
iu;^ht  ensue,— 
)  u  surrender, 
portion  of  the 
that  can  crow 
not  be  willinf^ 
rrender  of  any 
For,  so  far  as 
or  is  involved, 
laain,  if  we  do 
to  maintain  it, 
;ain  are  we  re- 
d  's  power,  and 
les.s  condition, 
war  could  do 
joh  as  it  would 
inmcrce  to  fall 
lal  resources — 
!  earth.     With 
possess  all  the 
adapted  to  the 
icssary  articles 
ssessing  every 
c,  and  pursuit; 
u\g  over  more 
ry — amountinj^ 
of  dollars,  with 
)ads  and  canals 
)t  only  sustain, 
verify  the  fact, 
I  live  and  pros- 
ns.   We  would 
not  depend  on 
)r  on  the  unruly 
•ce  between  the 
IS,  like  that  be- 
nations.  Com- 
ith  those  Euro- 
commerce,  and 
iy  seem  to  pros- 
ons  far  heavier 
3ace,  than  ours 
ire  now,  sir,  if 
a  war,  it  seems 
the  earth  ever 

nces,"  .sir,  and 
h  it  is  thoufifht 
I'ill  be  but  tem- 

by  wise  leo;is- 
lis  view  of  the 
»r  make  us  hes- 
iVe  have  now, 
,000  of  specie, 

remain  in  the 
jrit  topay  bal- 
1  trade.  This 
cording  to  the 
e  liundred  mil- 
ing  no  interest, 
t  for  all  dues, 
})ayments,  and 
d  not  lluctui'te 


vrrv  mii-'li  iii  v.-ihic  in  ilic  markoi.   Such  a  fyrlcni 
nii^lit  lie  made  to  work  quite  safely,  sir,  durin:,'  n 
war,  but  should  terminate  with  it,  or  beCure  our 
nvived    commerce    created   a  balance    of   tnule 
ag.iinHt  us.     As  to  the  taxes,  sir,  do  the  pcoj^le 
not  pay  now,  indirectly,  through  the  operation  of; 
our  tanll'laws,  more  than  they  would  have  to  pay 
directly  by  taxation  ?      If  they  have  no  taxes  to  ; 
pay  in  the  shape  of  duties,  as  they  would  not 
m  case  of  war,  they  would  be  better  enabled  to  ' 
pay  those  which   should   bo   levied    by  taxation 
to  support  a  war  waged  in  defence  of  national  . 
rh^hUi  and  national  honor.    A  war  with  all  the  ca-  ' 
lamitics  attendant  ujion  it,  such  as  they  may  be, 
would  not  be  barren  of  benefit.    It\vould  unite  oiu"  , 
people  more  closely  than   they  nrc  now  united, 
would  increase  their  energies,  aud,  by  calling  into  , 
exercise  the  .sterner  virtues,  lead,  in  the  end,  to  a  | 
vast  increase  of  our  jiower.     We  arc  becoming, 
sir,  too  circminatc,  luxurious,  and   extravagant;  I 
all  ihesc  tendcncie.^  would  be  checked  by  a  war:     I 

"  .'^wcpt  iiro  tlie  uses  of  nd vnrsity !  1 

Wliicli,  like  the  toiul,  UL'ly  anil  venomoiis. 
Wears  yet  a  procioua  jewel  in  its  head." 

And  as  for  a  speedy  recovery  from  the  ill  efTcts 
of  a  war,  sir,  no  nation  on  the  globe  possesses  half 
the  recujierative  energy  that  ours  possesses.  This 
our  history  proves.  ^  Who  believes,  sir,  that  the  . 
late  war  was  of  any  injury  to  us  .-  Though  many 
fell — though  much  blood'  was  spilt — our  foreign  ^ 
commerce  broken  up,  and  all  industrial  pursuits 
crijipleJ  and  damaged,  and  not  one  object  attained 
for  which  the  war  was  declared  and  waged  at  so 
nuv^h  expense  of  blood  and  treasure, \vho  can  . 
doubt  that  it  was  of  immense  service  to  us,  weigh- 
ing all  these  against  that  one  item  which  it  irained 
f(>r  us — the  resjiect  of  all  other  Powers,  and  the 
high  exaltation  of  our  national  character?  And  we 
recovered  from  its  eflects  in  a  few  years,  and  with 
renewed  life  and  vigor  have  since  pursued  our 
glorious  and  successful  career. 
The  Senator  from  Delaware,  sir,  [Mr.  J.  M.  Ci.at- 
Tov,]  todk  occasion,  in  his  remarks  upon  these  res- 
olution.s,  to  contrast  our  naval  force  witli  that  of 
Groat  Britaiii,  and  read  to  the  Senate  a  prepared 
statement  of  her  military  and  commercial  marine. 
But  the  Senator  did  not'  seem  to  recollect  that  the 
numlior  of  vessels  of  war  possessed  by  a  nation  is 
no  criterion  by  which  to  estimate  its  power.  Eng- 
land has  many  ships  of  war,  sir — she  has  tlie 
wooden  walls,  but  has  she  the  sinew  and  nuiscle  ' 
with  which  to  man  them?  Can  she  get  the  men  ? , 
I  recollect  readini;  last  .summer,  sir,  in  a  British  , 
in;i::;iy.ine,  an  article  upon  the  defences  of  Great 
Britain,  and,  among  other  things,  the  condition  of 
her  navy,  both  as  to  the  materiel  and  the  personnel, 
in  which  it  was  stated  that  Captain  Lushington, 
ono  of  the  most  popidar  officers  in  her  navv,"  had 
great  (iitliculty,  and  had  been  utiable  up  to  that 
time,  t.)  ship  a  crew  for  the  steamer  "Retribmion." 
Now,  sir,  with  this  fad  in  view,  I  Avould  ask  that 
Senator,  hovv-  it  is  in  the  power  of  Great  Britain  to 
man  one  half  of  the  vessels  on  that  formidai>le  list 
he  presented  to  the  Senate,  even  bv  resortina— as 
she  certauily  would  nsort— to  the  oiess-ojuii;?  She 
rumnt  man  them,  sir.  The  Sena'tor  showed,  sir. 
by  his  statement,  that  in  proportion  to  our  cran- 
merce,  as  compared  witli  tliat  of  En-land  and  some 


of  the  minor  Powers  of  Europe,  we  h:ul  fewer 
<;inis  for  its  protection  than  any  of  them;  but  the 
Senator  did  not  seem  to  consider  the  capacity  of 
this  nation  to  arm  itself  on  an  emergency,  i\nd  he 
left  the  inicrcncc  very  fair  that  he  believed  ours 
was  the  weakest  naval  power  on  the  globe.  I 
think,  sir,  a  little  consideration  of,  and  examina- 
tion into,  elements  of  naval  |)ower  will  serve  to  sat- 
isfy every  Senator  that  we  have  the  eajiacily  to  put 
adoat,  in  a  very  short  time,  a  more  |iowi>rful  navy 
than  Great  Britain  ever  possessed.  It  cannot  be 
denied,  sir,  that  we  are  capable  of  ci)nstrui;ting  ves- 
sels with  more  raiddity,  and  with  better  equipment 
and  sailing  qualities,  than  any  other  nation;  and  if 
war  comes,  instead  of  findine:  us  unp.repared  in 
ihis  arm  of  annoyance  and  defence,  we  sliould  be 
found,  in  a  few  months,  the  best  prejiared  natiun  in 
the  world.  Itistrue,sir,ofnational  vessels,  we  have 
but  seventy  six,  all  told,  but  we  have  a  commercial 
marine  unsurpassed  by.any.  All  our  |>ackei  shijw, 
sailing  from  the  ports  of  New  York  and  Philedel- 
jdiia,  are  larger,  better  fitted,  stauncher,  better  sail- 
ers, and  capable  of  carrying  more  guns  and  sustain- 
ing their  recoil,  and  resistinc;  an  enemy's  broadside, 
than  our  second-class  frigates  were  in  the  last  war, 
or  could  soon  be  made  so  bv  additional  bulwarks, 
the  work  of  a  few  weeks.  These,  with  our  whale 
ships  armed  and  fitted,  to  say  nothing  of  our  steam- 
boats with  armaments  on  board,  will  enable  us  to 
put  adoat  a  more  etVicient  navy  than  Great  Britain 
ever  possessed;  and  for  shipping  crews,  patriotism 
would  sup|ily  the  ))lace  of  the  press-gang. 

If  you  will  look,  sir,  at  the  list  of  the  Bri'Ish 
navy,  you  will  find  tinit  many  ships  named  in  it 
are  not  seaworthy,  and  cannot  be  made  so:  many 
of  them  are  old  .ships,  ships  engaged  in  the  I'attles 
of  Trafalgar  and  the  Nde  ;  they  are  now  old  hulks, 
unfit  for  service. 

Mr.  .f.  M.  Ci.AYTov  desired  to  correct  the 
honorable  Senator  in  one  or  two  particulars.  He 
did  not  say  that  wc  were  the  weakest  nation,  nor 
had  he  endeavored  to  place  the  strciiicth  of  Great 
l-?ritain  in  a  slrikinc  light  before  the  Senate.  He 
had  merely  stated  the  relative  n.aval  power  of  this 
country  and  England,  in  reply  tcj^  the  remarks  of 
the  Senator  from  Ohio,  [Mr.  Ali.ek.]  He  had 
said  nothing  to  disparage  our  own  naval  force,  but 
he  Inul  thought  it  proper  to  correct  some  state- 
ments of  the  gentleman  from  Ohio  in  regard  to  the 
naval  power  of  Enijland.  And  he  had  done  so 
from  facts  then  in  his  possession.  Since  he  had 
made  that  statement,  lie  had  seen  a  still  later  au- 
thority, disclosing  more  particular  information  as 
to  the  naval  jiower  of  Great  Britain  than  he  had 
been  in  possession  of  at  the  time  he  had  the  honor 
to  address  the  Senate.  He  stated  at  that  time  that 
Eniiland  had  071  shijis,  carrying  an  armament  of 
lf),27i2  guns.  By  the  latest  ol'icial  documents  re- 
ceived by  the  last  steamer,  I  pefcive,  so  nnich  has 
she  increased  her  naval  power  within  the  last  quar- 
ter, that  she  has  now  17,772  guns  in  her  navy. 
This  is  a  ereat  increase,  and  this  he.s  been  effected 
in  the  last  quarter  of  the  last  year.  The  number 
of  her  wai-stcaniers,  according  to  the  account  wc 
were  in  possession  of  when  he  last  addressed  the 
Senate,  was  9S.  Ho  perceived  by  the  documents 
liitely  received  that  there  were  now  1:2].  He  had 
also  staled  tliat  her  military  marine  amounted  to 


20 


? 


40,000,  nnd  ho  did  say,  too,  in  referoncfi  to  the 
coinnici-ciiil  niMrinc,  to  wliich  tlic  Senator  from  Il- 
linois hiid  now  [illudtd,  that  ours  wii.s  al)f)Ut  ctinal, 
or  pcrhiips  ii  little  iiifuiior  to  tliutof  Eiii,'land.  Hut 
the  recent  infonriation  showed  tliat  that  estimate 
was  somewhat  erroneous,  or  at  lt;a.st  I  hat  their 
comnier'-iai  marine  had  increased  since  the  former 
sUitenii'nt. 

The  tonnaejo,  foreign  and  coastwise,  of  the  Uni- 
ted Kinu'dom  of  Great  Britain,  at  the  dose  of  the 
year  18,'J8,  uas  2,4'-2(),7")9  tons.  The  same  state- 
ment is  made  by  McCulloch,  title  "  I'ritisli  Em- 
pire," and  by  Baron  Charles  Dupin,  in  iiis  "  Pa- 
rallclc  (ks  Tiois  PrhirApales  Alarlues  de  rLaiivrs." 

A  rare  work,  very  recently  publislicd,  and  re- 
ceived within  a  few  days  past  at  liie  Treasury, 
(McGrefTor's  Commercial  Tariirs,&c.,)  referred  to 
nnd  relied  upon  in  the  Secretary's  report  tliis  day, 
brines  down  the  information  on  tlic  subject  as  late 
ns  the  31st  December,  1844,  at  which  time  it  aji- 
pears  that  the  whole  tonnage,  foreign  and  coast- 
wise, of  the  United  Kingdom,  was  2,994,1(16  tons; 
which,  added  to  that  of  Guernsey,  Jersey,  and 
Man,  (50,236  tons,)  makes  the  whole  tonnage  of 
all,  by  the  latest  returns  received  within  the  last 
week  at  the  Treasury,  3,044,392  tons. 

The  Secretary's  report  states  the  tonnage  of  tlie 
United  States,  on  the  30th  June,  1845,  at  2,416,999 
tons.  This  was  the  amount  stated  by  Mr.  C.  in 
his  speech  of  the  12th  ultimo,  on  the  Oregon  ques- 
tion. He  then  estimated  the  tonnage  of  the  Uni- 
ited  Kingdom,  &c.,  at  2,420,759  tons,  wliich  was 
according  to  the  latest  returns  to  be  relied  on  at 
the  time. 

By  the  latest  "List  of  the  Britisli  Navy,"  it 
appears  that  there  has  been  a  very  extraordinary 
increase  of  tlie  naval  power  of  England  within  the 
last  quarter  of  the  year  1845.  He  (Mr.  C.)  stated, 
in  the  del)ate  on  the  12th  ultimo,  from  the  best 
information  to  be  then  had,  the  whdic  number  of 
guns  in  tlic  British  navy  at  16,242.  That  state- 
ment was  founded  on  the  then  latest  returns  of  the 
Britisli  navy.  The  official  list  received  by  the  last 
steamer  how  shows  the  number  of  guns  to  be 
17,772,  exclusive  of  the  armament  of  the  hailing 
packets.  It  is  certain  that  the  British  navy  has 
greatly  increased  of  late.  Mr.  C.  stated,  on  the 
same  occasion,  the  number  of  English  war  steam- 
ers, by  the  only  oflicial  list  then  to  be  consulted 
on  this  side  of  the  water,  at  98.  The  late  intelli- 
gence shows  that  this  number  has  been  increased 
within  the  last  quarter  to  121.  Mr.  C.  observed, 
in  his  speech  of  the  12th  ultimo,  in  reply  to  Mr. 
Allen,  that  he  had  carefully  avoided  oven-atinn; 
the  British  power.  His  estimates  were  correctly 
predicated  on  the  very  best  information  to  be  had 
at  the  time  ho  spoke,  and  he  had  rather  undei rated 
the  British  and  slightly  overrated  our  own  naval 
power.  He  stated  the  number  of  guns  in  our  navy 
at  2,352;  the  number  is,  I  now  learn,  precisely 
2,.329.  The  important  result  of  this  interesting  in- 
quiry into  the  relative  naval  and  commercial  |)ower 
of  the  two  countries  ij  almost  precisely  the  srane 
as  stated  by  Mr.  C.  Great  Britain  a'npears,  by 
the  Secretary's  report,  to  have  about  600  guns  for 
every  100,01)0  tons  of  conmierce;  we  have  duly  96; 
while  France  has  1,046:  Holland  683;  Sweden  and 
Norway  394;  Turkey  1,223;  Denmark  703;  Portu- 


gal 70'^;  Austria  321;  arid  Russia  far  more  than 
any  other  nation,  in  proportion  In  tlie  anmunt  of 
her  commerce  to  be  [irotci.ied.  We  are  behind  a!i 
other  civilized  nations  in  iliis  respect.  Wu  have 
less  protection  for  the  same  amount  of  comiiierei.il 
wealth  than  any  other  people,  and  we  must  double 
our  navy  l)ofore  we  cm  .sI.i.k'  on  a  resjiectabl*! 
peace  establishment,  if  we  are  to  measuie  our  own 
l)y  the  standard  which  regulales  the  other  navies 
of  the  world. 

Mr.  BuKKSK.  The  Senator's  statement  confirms 
what  I  said,  sir;  for  it  does  represent  his  own  coun- 
try as  the  weakest  naval  Power  on  earth;  it  shows 
that  even  the  minor  Powers  of  Euro})e  have  more 
guns  in  proporti(m  to  their  commerce  than  we  have. 
And  it  eonfirnia  another  statement  I  made,  sir:  that 
Great  Britain  cannot  man  her  guns.  She  has,  sir. 
it  seems  by  the  Senator's  showing,  17,722  guns  in 
her  navy;  and  as  ten  men  are  required  to  each  gun, 
she  should  have  177,220  men;  whereas  the  fact  is 
she  has  but  40,000. 

But,  sir,  this  inequality  is  not  the  point.  The 
question  is  as  to  the  capacity  of  this  nation  to  arm 
for  a  contest;  and,  in  this  particular,  that  of  Great 
Bri  ..in,  vast  as  it  may  be,  is  still  inferior  to  ours. 
She  does  not  possess  the  elements  of  preparation 
and  combination  we  do,  and  in  these  respects  we 
are  the  strongest  naval  power  on  the  globe.  Look 
at  one  fact,  sir,  in  proof  of  what  individual  enter- 
prise can  do,  in  building  steam-vessels.  In  1834, 
when  the  whole  steamboat  tonnage  of  the  British 
empire  did  not  exceed  82,000  tons,  that  in  the  Mis- 
sissippi valley  alone  amounted,  two  years  ago,  to 
125,000  tons,  or  one-third  more  than  that  of  the 
whole  British  empire.  Compare  the  capacity  of 
Groat  Britain  with'  that  of  the  United  States  to  pre- 
pare a  military  marine.  Sir,  there  is  no  comjiari- 
son.  We  liave  forests,  which  she  docs  not  [los- 
sess — we  have  all  the  materiel,  the  personnel,  and 
the  skill.  Our  skill  in  naval  construction  is  un- 
equalled. She  has  never  possessed  such  ships  as 
our  line  packets;  she  has  never  yet  approached  us 
in  the  construction  of  steam-vessels,  in  beauty, 
swiftness,  and  capability.  We  have  constructed 
them  to  run  twenty-seven  miles  in  the  hour — a 
speed  never  yet  attiiined  by  any  British  steamers, 
and  never  will  be,  unless  our  models  are  adopted. 
In  every  particular — I  have  not  the  ability  now  to 
go  into  the  details — in  every  particular,  we  have 
immense  advantages  over  her,  m  the  possession  of 
the  elements  of  defence  and  assault,  which  can  soon 
be  worked  up  into  eiyective  means.  Our  capacity, 
sir,  to  put  the  country  in  a  state  of  naval  defence 
is  decidedly  greater  than  hers. 

But,  sir,  as  signs  of  approaching  war,  the  2;reat 
military  and  naval  preparations  in  which  Great 
Britain  is  engaged,  and  of  which  we  have  heard 
so  much,  are  referred  to:  and  to  what  do  they  all 
amount?  I  have  said,  sir,  I  did  not  believe  Great 
Britain  would  go  to  war  for  Oregon,  and  I  consider 
these  preparations  r  o  indication  of  such  a  purjioso. 
She  makes  iicriodiv;ally  a  survey  of  her  marine, 
examines  and  repairs  her  dock-yards,  cuts  down 
large  vessels  into  razees;  and  it  is  a  part  of  her  sys- 
tem. She  has  been,  and  is  now,  busily  enga2:cd 
in  fortifying  the  more  exposed  points  of  her  coast, 
but  the  reason  of  that  v.'as  well  known.  All  this 
activity,  to  v.'hich  the  attention  of  Senators  and  the 


4 


f.ir  niorf!  tlian 

lllll   nillnlillt   of 

u  are  Iicliiiiil  a!i 
ict.  Wl-  liiive 
oCcoimiirrfial 

VC  MlUSl  llollhlc 

1  II  I'csjicM'.laliU 
•ii.siii'o  inir  own 
e  oilier  iiiivica 

cmniit  ('.oufirnis 

1  liis  own  coun- 
eurtli;  it  sliows 
id|)c  liave  more 

tlian  \vc  have. 

made,  sir:  tluil 

Slic  lia.s,  sir, 

17,723  iruiis  ill 

•('(]  to  tacli  gun, 

iieaa  the  fact  is 

ic  point.  Tlie 
s  nation  to  arm 
r,  tliat  ot' Great 
nferior  to  ours. 
,  of  preparation 
:sc  respects  we 

2  ii^loljc.  Look 
iidividual  enter- 
isels.  In  1834, 
e  of  tlie  Britisii 
that  ill  tlic  Mis- 
o  years  n^o,  to 
"lan  that  of  tlie 
the  capacity  of 
d  Slates  to  pre- 
is  no  coin|iari- 

c  docs  not  pos- 
e  personnel,  and 
struction  is  un- 
d  such  shi)»s  as 
t  approached  us 
els,  in  beauty, 
ive  constructed 
in  the  hour — a 
ritish  steamers, 
dIs  are  adopted. 
;  ability  now  to 
icular,  we  liave 
le  possession  of 
which  can  soon 
Our  capacity, 
r  naval  defence 

:;  war,  the  2;reat 
n  which  Great 
we  have  lieard 
•hat  do  liiey  all 
t  believe  Great 
,  and  I  consider 
such  a  p;;r]iose. 
of  her  marine, 
rds,  cuts  down 
liart  of  her  sy<!- 
busily  enna2:cd 
Its  of  her  roast, 
own.  All  this 
enators  and  the 


21 


Country  has  bcr-n  directed,  ronimcnccd  before  tlio 
Orc^'  )ii  question  had  assumed  its  present  important 
and  interesting  flspert;  at  least  betorn  it  liad  become 
•uch  a  proiiiinont  f|ursiion  between  tiie  two  Gov- 
erniiicnt.'i  as  it  now  is.  Before  the  Prrsideiit'.s  In- 
auiTuiiiI  v.as  delivered,  sir,  the  Rntish  Premier,  on 
flie  1 4th  of  February,  1845,  in  presmiins;  the  nii 
im;.l  esliinate  of  expenses,  declared  he  should  ask 
a  vole  to  increaf<e  the  navy;  a!id  the  reason  he  as- 
■igned  was,  that  Grt  ;it  Britain  li.id  then  three  ad- 
ditioiinl  naval  .statioiiP  to  maintain :  one  on  the  coast 
of  Afri  a,  one  in  China,  and  one  in  the  Pacific;  and 
that  liicy  would  rcfuiirc  an  increase  in  the  naval 
force  (if  fiiiir  thousand  men.  and  for  the  navy  and 
ordnance  an  additional  sum  of. il,()()U,()()().  He  also 
proposed  an  increase  of  the  steam  navy,  and,  as 
nc  declared,  not  for  any  jjurposes  of  a  war  of  ag- 
gression, l)iit  in  _conse(iuence  of  the  extension  of 
their  commerce  in  all  parts.  He  said,  "  AVc  do 
no;  projiose  this  increase  from  any  a]iprehension  of 
War,  [liear,  iiear,]  or  with  any  view  whatever  to 
airgicssioii."     [Loud  cries  of  hear.] 

All  iliis  was  liefore  Oregon  had  become  a  prom- 
inent toi.ic,  and  may  be  traced  to  the  pamplilet 
••On  the  .Slate  of  the  Naval  Force  of  France,"  put 
forth  in  May  precediiiL',  by  the  Adiniral  Prince  de 
Joinville,  and  tlic  publication  of  Thiers,  goins  to 
•how  that  a  descent  l.>y  Napoleon  upon  the  Eng- 
lish coast  was  seriously  contemplated  from  Bou- 
logne, and  would  have 'been  carried  into  eflbct  but 
for  accidental  causes.  This  pamphlet  pointed  out 
the  weakness  of  the  defences  of  llic  British  coast 
,0]iposite  Fiance,  and  insisted,  in  case  of  n  war, 
'army  from  France  mii;lu  easily  make  a  sudden 
■eeni  upon  F.ngland,  and  this  through  the  agency 
of  steam.  Steam,  sir,  has  placed  those  great  Pow- 
ers o/i  more  equal  ground.  Brest,  ca,  .iljle  of  con- 
taining fifty  war  steamers  of  the  first  class,  is 
only  one  hundred  miles — a  Cnw  liours  run — from 
the  coast  of  Cornwall.  Dieppe,  Boulogne,  Ca- 
lais, and  Dunkirk,  thouirh  smaller  ports, "are  from 
■ixty  to  twenty-four  miles  only  from  the  shores 
of  SusscKj  Kent,  and  Essex.  With  that  immense 
control  of  men  which  France  possesses,  and  with 
y-ar  steamers,  wliat  is  to  ])rcvcnt  her  from  repay- 
ing llie  visit  England  made  to  lier  capital  thirty 
years  ago,  or  of  ravaging  her  coasts,  unless  ade- 
quate fortifications,  either  fixed  or  fioating,  and  n 
■utR'-ient  military  force,  be  raised  to  prevent  a  land- 
ing? The  Duke  of  Wellington  himself,  in  his  evi- 
dence before  the  Committee  on  Shipwrecks,  raised 
by  the  House  of  Commons,  says:  "  In  the  event 

•  of  a  war,  I  sliould  consider  that  the  want  of  pro- 

•  tection  and  of  rcfuiro,  which  now  exist,  would 

•  leave  the  coasts  of  England  opposite  to  those  of 
'France  in  a  very  precarious  situation."  These 
forts  now  erecting  might  protect  the  points  wlicre 
they  shall  be  built;  but  tliey  do  not  insure  the  safe- 
ty of  England,  because  the  power,  certainty,  and 
celerity  of  steam,  enabh.s  France  to  choose  her 
own  ]ioint  of  deljarkation  and  attack.  Wind  and 
tide  are  not  to  be  wailed  on.  Steam  has  revo- 
lutioiii/.ed  the  .science  of  naval  warfare,  rendering 
comparatively  inetfective  the  immense  sail-navy  of 
EngliUjd  for  defence;  at  the  same  time  incrcasin<r 
tlie  efiectiyencss  of  a  small  ste.im-navy  at  least 
fourfold — it  unfits,  sir,  tlie  tactics  and  .sfratciry 
.of  past  times  for  the  [.resent,  and  makes  France, 


an 
de- 


bv  her  proximity,  a  most  dmigerous  nci^hhoi'. 
When  ills  considered,  sir,  that  she  lias,  in  addition 
to  her  force  of  l>!0,000  men  in  Algiers,  a  standing 
army,  well  disciplined  and  equipped,  of  3.')0,()00, 
with  magazines  and  arsenals  filled  to  repletion, 
and  all  munitions  of  war  on  hand,  besides  near- 
ly a  million  of  militia,  and  a  well-drilled  nation- 
al guard  in  all  her  ])rovinciaI  cities  and  towns, 
it  is  very  easy  to  believe,  in  the  present  slate  of 
improvement  ill  the  means  of  warfare  and  approach, 
Great  Britain  would  be  alarmed:  hence  her  [last 
and  present  activity.  Her  insular  position,  sir,  in 
no  longer  her  sure  protection.  Her  popular  na- 
tional air — 

'•  IJiit.iniiiii  ncid-*  iin  buhvarks. 
No  tdwcrs  llloilU  the  stcci); 
llcr  iimicli  is  o'it  tlic  riioMiituin  «avo, 
Fk'r  lioiiio  is  on  tlic  deep," 

is  now  no  longer  true,  sir.  She  doe.s  need  those 
"  bulwarks,"  and  at  a  vast  expense  sin?  is  build- 
ing "  towers  along  the  steep;"  and  they  all  had 
reference — not  lo  us,  sir,  but  to  her  dangerous 
neighbor  and  hereditary  foe.  She  has  to  oppose 
to  this  tremendous  power  of  France,  a  standing 
army  of  130,000  men,  80,000  of  whom  are  scatter- 
ed abroad  over  the  wo.ld,  22,000  are  in  Ireland  to 
kec))  down  the  commotions  of  a  people  waiting 
their  "opportunity, "when  England's  "  necessity" 
shall  have  arrived;  and  the  remainder,  most  of 
them  raw  recruits,  arc  scattered  over  England  and 
.Scotland.  Well  might  she  be  alarmed,  sir,  at  the 
prospect  before  lier. 

The  Senator  t'roin  Delaware,  sir,  [Mr.  J.  M. 
Clattok,]  when  exhibiting  to  the  Senate  the  im- 
mense naval  power  of  Great  Britain,  forgot  to  say, 
or  at  least  lie  did  not  say,  that  much  of  it  had  to 
be  spread,  for  the  protection  of  her  colonies,  over 
tlie  globe;  and  without  leaving  these  colonies  and 
posts  expo.scd  to  the  attack  of  a  hostile  force — and 
they  are  the  most  inviting  points  of  attack — she 
could  not  concentrate  a  fleet  upon  our  coast  that 
need  give  us  the  slightest  ahu-m.  With  the  aid  of 
our  vast  and  nnexi-cllcd  commercial  marine,  such 
national  ships  and  .-Jleamers  as  we  could  soon  sup- 
ply, instead  of  being  blockaded,  as  we  have  been" 
told,  we  could  blockade  our  enemy:  1  have  no 
sort  of  doubt  about  it.  So  far  as  naval  superiority 
is  concerned,  and  to  be  tested,  let  the  energies  of 
this  nation  and  this  jieople  be  roused,  and  all  doubts 
on  that  suljject  would  soon  be  put  to  flight.  It  is 
not  our  policy  to  keep  uj>,  in  time  of  peace,  and 
no  war-cloud  impending,  a  cumbrous  and  expen- 
sive naval  force — it  will  not,  I  trust,  ever  be  our 
policy.  I  am,  sir,  among  the  warmest  and  best 
friends  to  the  navy;  and  because  I  am  so,  I  shall 
oppose  its  increase,  in  time  of  peace,  to  any  great 
extent,  lest  that  should  break  it  down.  It  is  suffi- 
cient for  us,  sir,  that  we  have  the  capacity,  when- 
ever an  emergency  shall  arise,  to  make  it  more 
formidable  than  that  of  any  other  power  on  the 
face  of  the  globe,  let  that  arrive  to-day,  or  at 
any  time.  I  am  confident,  sir,  should  the  emer- 
gency occur  to-morrow,  the  energy,  the  alacrity, 
the  means  and  capacity  of  the  country  lo  meet 
it,  would  be  so  aisphiyed  as  to  astonish  our- 
selves. Should  a  war  come,  sir,  in  the  prosecu- 
tion of  our  right,  I  believe  all  parties  would  cor- 
ditdly  unite  in  currying  it  on  with  vigor.    There 


2i 


I 


would  not  1)C,  as  in  llic  Inst  wnr,  "  apcnrf  pmly,'' 
aidiiif;  llie  enemy,  prcvciuinijcnpitiiliHts  fmin  loiin- 
iiii;  money  to  tlie  Govonnnunt  to  curry  it  on,  imJ 
refuitiinj^  ovrr  our  dcfentH.  Tlirrc  would  be  no 
donicHtic,  traitors.  We  al.onlil  nil  l)c  Amcririins  in 
(iced;  and  heart  nnd  hand,  in  cordial  union,  rally 
an  one  man  around  our  country's  standard.  A 
war,  sir,  will  not  proceed  from  us.     It  must  come 


from  Ihr  other  quarter;  and  if  it  doc«  rome,  it  will 
be  a  war  of  af^grcHsion,  unsiistaincd  hy  the  sense 
of  justice,  or  the  sympathies  of  other  nations.  We 
never  will,  we  cannot  oerome  an  a'Ji^'ressive  Power; 
imt  when  >m  ns.snult  is  made  unon  us,  sir,  the 
whole  land  will  rise  as  the  mighty  man  armed, 
and  with  a  viL'orous  and  united  etlbrt,  overwhelm 
the  aggressor.     .Sir,  I  luive  done. 


I 


T 

1 

I 


!sromp,  It  will 
I  l)y  the  H<?nsc 
r  iiHtions.  Wc 
resHivc  Power; 
m  UH,  sir,  the 
y  mail  iiriniHl, 
)rt,  overwhelm 


